الوكالة الساترة للبيع في القانون العراقي و القانون المقارن

الملخص EN

The current research aims to delve into the topic of covert agency for sale in Iraqi law in comparison with other laws.

The aims of the research were to reveal what the cover agency for sale is, in both Iraqi law and comparative laws.

So that the cover agency for sale is considered to be a form (insulation agency), and individuals often resort to it in order to cover a sales contract that requires certain legal conditions, and the sale that is concealed by a fictitious contract is not invalid in the event of the other contract being a agency agency contract, because the sham does not lead to Contracts are void as compatible with the free will of the contracting parties.

In fact, individuals may resort to the cover agency for sale mostly either for the purpose of evading the payment of fees, or for the purpose of covering the disposal contract forbidden to be disposed of, and the Iraqi legislator indicated to the cover agency for sale in (Article 943) of the Civil Law, and distinguished them from the pseudonym, either the law The Egyptian civil and Jordanian civil law, as well as the Lebanese obligations and contracts law, agreed and disagreed in aspects with Iraqi law on this issue.