Paying the Estates Rent and the Guarantees of its Collecting in Iraqi Civil Law - Analytical and comparative Study -

Abstract

After 2008 the legislator in Kurdistan Region was inclined to change his direction in solving the problems of real estate leasing, so he preferred to return to the general rules that were included in the Iraqi civil law and gives the freedom to the will of the contractors ti determine the methods of paying the rent and its time and place. Before 2008 the leasing contracts were ruled by the provisions of the real estate leasing act No. 78 of the year 1979 that were characterized as imperative rules and related to public order.

The reason behind these inclination was make the law in Kurdistan region relevant to the social and economic policy of regional government in order to fulfil the goals of the legislations and achieve equilibrium between the two parties of the contract on the base of justice equality that take the social and economic circumstances in consideration, and to enhance the social relations in society as well as encourage the investment the real estate and housing sector in order to decrease the housing crises.

However, this direction was not activated to the postponement of the act No. 9 of the year of 2008 by the law No. 16 of the year 2010, in order to organize the relations between the tenants and real estate owners and offer them more time to understand and consume the new legal positions and provisions. In addition, that to give the media more time and space to educate the public about the new laws. Then the the law No. 19 of the year 2013 was enacted to postpone the same law for another two years, after that the law No. 9 of the year 2015 was enacted suspending the same law for another year till July 15, 2016.Then the legislator in Kurdistan Region did not enact any laws to amend or to suspend the Law No. 9 of the year 2008, which means that this law is in the effect.

Therefore, we chose to research the subject of paying the rent and its guarantees in Iraqi civil law in order to test ita provisions to find out whether they are appropriate to the nature of the contract and civil law and what are the rules to follows in the case of rejecting the real estate owner to receive the rent, and whether there are enough guarantees for that in the law, or did the legislator take in consideration the differentiation between real estates allocated for the commercial or private housing purposes. The research will be comparative study between Iraqi, Egyptian and Jordanian laws. We concluded that the provisions related to the paying rent are ruled primarily by the law of the will. These rules are complementary not imperative. One can notice that the legislator has organized the provisions of paying rent depending on two methods the first one is that he indicated the means of paying the rent and its due times among the general provision of leasing contract. The second one is referring to the general rules in civil law and civil procedures regarding some provisions such as rejection of receiving the rent by the owner and the guarantees of the payments.