نطاق الأخذ بالشفعة بين التقييد و الإطلاق في القانون المدني العراقي

Abstract EN

The pre-emption is an important reason for the acquisition of property, its provisions have organized the Islamic Sharia and singled it out with certain texts to achieve an extreme wisdom which is to reduce the harms of the neighborhood, And the Iraqi legislator followed this approach when he also considered preemption as one of the reasons for acquiring property and summarizing it with legal texts deriving most of its provisions from Islamic law.

The Iraqi legislator was keen to achieve preemption for its reasons or the wisdom of its legislation when making the right of preemption a right restricted to specific persons referred to in Article (1129) of the old Iraqi civil law.

However, he went back and narrowed the scope of the adoption of this right when he replaced the new Article (1129) replacing Article (1129) of the Iraqi Civil Law and made the right of pre-emption limited to a specific class, and he is the partner in a common house or apartment and removed the other from the scope of the pre-emption by forgetting or Ignoring the wisdom or the reason for which this right was legitimized.

Thus, the Iraqi legislator will have followed this substitution for Article (1129) of the Iraqi Civil Law, in contrast to the direction for which the right of preemption was initiated as a reason for acquiring ownership.