الالتزام بالتبصير في عقد بيع الوحدات السكنية بالتمليك: دراسة مقارنة

الملخص EN

In view of the development of economic life and the accompanying modern technical development, it made the weak non-professional party in the contract relationship inexperienced and lacks the simplest requirements of contracting and therefore the lack of free and informed satisfaction and the development did not stop there, but the term "consumer protection", which began to spread in most contract relations and which needs to be seen by the weak party in the contract (consumer) appeared in all stages of the contract, whether in the training stage or the implementation phase, this term included parties that were outside its framework such as the category of patients, the direction of doctors and the category of buyers towards investors in residential units.

the recent development accompanying modern technologies in the field of construction has made the consumer unable to provide protection for himself and thus the failure to achieve a nodal balance between the parties.

they attribute the reason for this to the population crisis, which has become a global phenomenon in all countries, especially our beloved Iraq, and the corresponding inability of the government to provide alternatives to citizens.

the opportunity has become available for the private sector to enter this sector and conclude off-plan sales contracts or incomplete housing units, and because these contracts are new and need legal regulation because they relate to future matters that did not happen on the ground or were not completed, and because the consumer is the weak party who is ignorant of many technical matters related to construction, unlike the other party, the investor, because he has technical expertise and a specialist in this field.

he must inform him of the area of land, the type of construction, the materials used, and all the accurate and essential information related to the contract.

insight must be in the previous stages of the contract and in the stages of its implementation.

thus, the obligation to provide insight.