مفهوم السرقفلية : دراسة مقارنة بين الفقة الإمامي المعاصر و الفقة القانوني العراقي

Abstract EN

Despite the importance of Alsergflia in our contemporary legal, but the Iraqi legislature neglected organized it in the relevant laws, such as the Civil Law No.

40 of 1951 and the Trade Act No.

30of 1984, we also found that few studies reported in the Iraqi jurisprudence about it, unlike scholars of Imami jurisprudence, where touched it in details .

And we had to clarify the concept of Alsergflia in Imami jurisprudence and the jurisprudence of Iraq, being one of the issues that differed, and being influential in organizing of it, where we discussed the definition and adaptation .

Through research we can be defined Alsergflia as: (a legal situation arising from pay someone a sum, in exchange for not evacuating the property and the stability of the rent, which can move to third in his life, or to his heirs after his death), and that Alsergflia launches on its contract , as well as a place on the amount of money, and also on the rights arising from the contract, we have adapted Alsergflia contract, as a contract indefinitely, blends the lease contract and the contract of sale.