تأصيل العرف في عقد الإيجار : دراسة مقارنة

Abstract EN

The contract is prepared when two wills agree about the causing a specific legal effect appears on the contractors, and this is what happens in the lease agreement for the lessor and the tenant, where the lease contracts, is specified and organized by the Iraqi legislator by clarifying provisions and areas of this contract, and If we follow these provisions (terms) and areas we find out that the Iraqi legislator has returned to many of them as it is agreed upon and settled with the dealers from the habits and customs which contributed in a way or another in the development of many of the solutions to disputes which may continue throughout the life of the contractual relationship between the lessor and the lessee.

thus This comparative legal texts which have been organized the contract can be traced, and the development of the role played by custom is common and that is reflected positively on the judiciary authority, who takes it upon himself to provide practical solutions to the disputes occurring, and whether the judge was based on a legal text or to the customs or the rules of justice, this is not important where as long as the basic goal is to reach a fair judgment or to do the right.