In-kind solutions and applications in Iraqi legislation – an analytical study –

Abstract

    The revitalization of the of the financial transaction including commercial or civic, cannot be fulfilled without depending on the insurance system. This could not be achieved without relying on the system of subrogation, which can be defined as a specifying particular capital for a specific purpose, and using another capital instead of it if the that specific capital faced harm or its value decreased. There is a significant discussion in the jurisprudence regarding the nature of these subrogation whether they are belonging to public system or not. In additions, there is not any public theory regarding freehold subrogation even in Iraqi civil law. Thus, for achieving research objectives, we divided our research into two parts. We specified the first part to answer what is subrogation. In the second part, we discussed legislative implementations. We also concluded our paper with collection of results and we provided some suggestions including closeness and similarity between freehold subrogation and other popular legal systems such as freehold compensation, optional commitment and alternative commitment. However, we discovered several differences among existing legal systems and we recommended formulation public theory of freehold subrogation.