تنازع اختصاص بيع العقار المرهون رهنا تأمينيا في القانون العراقي

Abstract EN

The Iraqi legislature has established the terms and conditions of the sale of the mortgaged property subject to insurance so that the mortgagee can collect his debt when it is due.

However, there are texts in force in Iraqi law that give the sale of the mortgaged property subject to insurance to both the Real Estate Registry and the Enforcement Department, which has sparked a dispute in this jurisdiction between both of them, and has created a legislative confusion on its subject that continues to this day.

This research clarifies the origin of this dispute, and then discusses by the legal assessment the principle agreed by two competent parties as a solution to this dispute when its subject is presented to them for consideration, to determine the extent to which it agrees with the texts of the law, and therefore the extent to which it is mandatory for the parties concerned to apply it.