ملاحظات إنتقادية في تنظيم عقد الإيجار في القانون العراقي : دراسة مقارنة بالقانون الإماراتي

الملخص EN

The content of this study represents in critical notes about the regulation of lease contracts in Iraqi law in the first place and then by comparing them with the parallel subjects in the United Arab Emirates law.

This research is not limited to study the texts of civil law about lease contracts which includes both of leasing movable and real estate, but also it studies the texts of special laws about real estate lease contracts, in order that the study be a comprehensive study in the field of evaluating and straightening the texts of laws that related to the contracts of leasing in the best possible ways, and to be a real effort in addition to the previous efforts in that area.

The subjects of this study had been divided into two parts, we have dedicated the first part to the notes that related to the texts of regulating lease contracts in the Iraqi civil law No.

(40) for the year (1951) and by comparing them with the parallel texts in the United Arab Emirates civil transactions law No.

(5) for the year (1985), while we dedicated the second part to the notes that related to the texts of Iraqi real estate leasing law No.

(87) for the year (1979) and by comparing them with the parallel texts in the law of leasing places and regulating the rental relationship between the lessors and tenants in the Emirate of Abu Dhabi No.

(20) for the year (2006).

We ended this study with a conclusion includes some suggestions in connection with the law texts that we proved the existence of glitches and contradictions with other texts in them in order to treat these glitches and contradictions in those texts and not only the recognition of them existence in harmony with the purpose of such studies in the evaluating and straightening the law texts by the legislature.