التعهد بنقل الملكية أو حق التصرف في العقار : دراسة مقارنة

Abstract EN

I count the Iraqi legislator sell the property of formal contracts that are held only register in the Department of Real Estate Registration and otherwise did all of the Lebanese and Egyptian legislature to sell the property back from the contracts as consensual arrange all obligations except for the transfer of ownership to loosen it during your registration in the Department of Real Estate Registration .

Since the sale of the property registration procedures take time , the individuals are forced to resort to foreign correspondence , which is not only pledged to transfer of ownership of the property and are often working in Iraq , the conclusion of the pledged under the customary paper titled .

Contract sale Pre – prepared and includes several statements relating to the parties to the undertaking and the type and penalty clause and guarantees until the signatures of the limbs .

The jurisprudence in Iraq disagree about the nature of this undertaking .

Some promise to void a contract non – existent impact , while the other hand , he sees a shift from an indefinite contract falsehood .

And notice that the contractor undertaking to him after the conclusion of the legal status of the Center for the contractor , the weakest , especially if he can not force the first second on the transfer of ownership of the property and limited commitment at reject the request for compensation , whether or not the condition is required about the high incidence reject and the futility of the undertaking from the point of transfer of ownership Iraqi legislator tried to address by issuing a decision 1198 for the year 1977 average condition for the request judicial housing estate , events , facilities or planter in the property or the right to dispose of it and without opposition editorial from the owner allowance agreed upon in the undertaking or claim compensation the difference between the value of the property at the time of the claim and the allowance agreed in the pledge to add to the value of building or facilities or planted whether the contractor has made him so .

But this decision is not the equitable solution of the parties to the successful undertaking of the reasons that we have reached the end of the research is for these reasons we proposed several recommendations at the conclusion of research .