عقد الإيجار في القانون الإنكليزي : دراسة تحليلية مقارنة بالقانون العراقي

Abstract EN

The origin of the contract of lease or tenancy dates back to he English common law of customary origins, which is unwritten and based upon judicial precedents of the English courts.

But the law of property Act 1925 regulated many of its rules.

It is worth-bearing in mind that it is an agreement between the lessor and the lessee, according to which the former is obliged to transfer the interest and the exclusive possession of both the personal and real property to the latter, in return for a certain rent and for a definite period of time, usually, but not always.

It is to be noted also that the English law includes nine types of the lease or tenancy, upon most of which personal rights of the tenant arise.

Except for four types which, create real rights, represented by temporary property ownership acquired by the tenant.

And these are: The periodic tenancy, the leases for life, and the 999-year lease.

And sometimes, The term of years Absolute or fixed term lease.

Whereas the Iraqi civil law No.

(40) of 1951, and the amended Iraqi land tenancy law No.

(87) of 1979, regulated the rules of the contract of tenancy.