التوازن العقدي بين طرفي عقد الإيجار في القانون العراقي

Abstract EN

Originally, the legal regulation of the lease is part of the civil law, this contract takes place in this law as one of the specific contracts.

However, the legislator initiated in many countries to confront the housing crisis and disruption of private rental relations legislation, consistently gained status over time and as a result of its application for a long time.

And was the basis for intervention legislator in this way is to protect the weaker party in the contractual relationship, any tenant protection in the face of the lessor, which is supposed to be stronger than it is economically, as is the case in the protection of worker in the face of the employer.

Thus laws are extraordinary means to achieve the nodal balance between the parties.

The issuance of the private rental property exceptional law leads to disruption of the exclusion from the provisions of the Civil Code, temporarily disruptive - in principle at least - to be wiped out the circumstances that called for the issuance, Faisar to cancel after that, and work back from the new provisions of the Civil Code The Off.

But note that the property rent laws are no longer in fact exceptional and temporary laws in the strict sense, so that these laws extends its application for a long time, and if they canceled replaced by another exceptional laws.

Since the lease is of term contracts, so the implementation of the original term of the lease, or the mother of the additional extension, whether conventional or legal, may result in an imbalance between the two parties as a result of changed economic circumstances after this period than it was at the conclusion of the contract.

Is there a legal way to restore the balance between the two parties? In fact, the rules of civil law did not take the idea of convening in the balance as a condition of contracts or health, and the reason for this is the principle of the rule of Sultan will the rules of this law, which did not leave any room for the principle of balance between the parties to the contract.

Once the conclusion of the contract, the latter becomes law contractors.

But this does not mean that we find in the civil law several t heories can provide nodal balance, as in the field of consumption decades.

This also applies to the theory of reason, and the principle of good faith, and abuse of the right, and unjust enrichment.

The purpose of the envisaged issuance of extraordinary legislation, is to provide the necessary protection to the category of tenants in access to housing.

Valskny is one of the essential needs of every human being, he can not be dispensed with, while the leases for other ايذنتٛس اٜاد عبذ ؾباس ًَٛنٞ ايعذد ا ٫ٚ \ 149 purposes, industrial and commercial, within the scope of economic activity and professional, and the areas should be governed by economic laws and not others.

And so were the subsequent amendments to the Property Rent Act, so that ended up limiting the application of this law on the buildings intended for housing without Gerha.oma leases for other purposes, became governed by the rules of civil law.

And has resulted in this, that the issue of balance can not be Atar only for contracts that are governed by special laws, a housing contract.

And may we dealt with the subject of the nodal balance between the two parties on the basis of the most important obligations, and two side-term and by the taxi.

The result that we finished it, the basic function of the State in the field of housing, ensuring minimal social needs, according to the perspective of social security systems, while leaving cases exceeded the cases of necessity to the private activity, is a crucial intervention in the economies of this facility and social, including affect the state in reality of supply and demand in the field of housing, and can therefore be ruled out that relations rental housing system adopted by the state, the civil rules, without the need for significant intervention by the legislature through legislation.

And only then is no longer needed because the lumpy looking for a balance between the two standards