Document Type : Reasearch paper
Abstract
Property sales are among the formal contracts that Iraqi legislation requires to be registered in the records and the department concerned with that. Individuals may be forced to follow another method that helps them expedite the receipt and delivery of the property without there being a transfer of ownership in the manner specified by the law. Rather, it is a pledge to transfer ownership. Despite the difference in the legal nature of this pledge and the different legal positions of its parties, it is common practice in legal circles and real estate sales in particular. Therefore, Questions arise about the fate of the contractor’s right in the event that the property is expropriated or entitles it to others. Is it possible to adopt the theory of subrogation in kind or the theory of rescission of the contract due to the impossibility of implementation?
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