فلسفة سقوط العطاء في القانون المدني العراقي بالمزايدة العلنية و التطبيق المغاير لها

Abstract EN

A contract of sale is one of the main contracts in all comparative legal systems because it takes a wide range of legislation.

Like any other contract, it is necessary to have legal provisions that regulate it and draw general frameworks for it.

It is known, in jurisprudence, that a sales contract can be held between its two parties by means of one positive and one acceptance.

It can also be held by more than one offer issued by more than one person as in the auction.The auction can be resorted to whether the subject matter of the contract is owned by the state or for individuals or different corporations, but the practical practice has been to use the auction in the sale of state property to ensure the integrity and transparency in the contract and to obtain the highest possible price.Article 89 of the Iraqi Civil Code establishes a rule regarding the sale by public auction, and this rule states on the fall of the offer by a higher offer even if the new offer is void.

However, the legislation of sell rent of state property, which came after the Civil Code, provided otherwise to return to the previous offer.

This issue is controversial in jurisprudence.