أثر هبة الدين في الإسقاط و التمليك

Abstract EN

Attitude of debt regarding abandoning or possession is an individual behaviour without returning to indebted ‘the owner attributes his debt and clears the financial obligation of indebted and the financial obligation turns from negative to positive deleting means falling and omission.

this leads to abandoning stable rights.

its consentual that doesn't need a form and if there was a form it would be for verification.

as long as the content is free of any will flaws its correct and abandon is a volunteraly free behaviour happens directly or indirectly the most important is that it implies abandoning and the indebted is acknowledged.

consentual abandon differs from obligatory where the right of owner is abandoned if he didn't claim it within a certain duration set by law.

Possession is also an individual behaviour where the ower transferes by his own will the possessin of smething to another without a form unless obliged by law to indicate stability with certain effects it is fulfill law conditions obligatory for ower not indebted islamic laws paid a lot of attention with this subject regulated ‘cleared reasons ‘types ‘kinds and divided into complete and incomplete.

despite importance of possession in civil society ‘law makers didn't regulate rules within special independent legal texts unlike jordanian law.

researcher urges iraqi lawmaker to mention this case in current law.