Comparative comparison of the time of transfer of ownership in the sales contract in Iranian and Iraqi law

Abstract

Abstract: Ownership, as one of the fundamental human rights, has a special place in legal and jurisprudential systems, and its transfer in a sales contract is one of the issues that affects the rights and obligations of the parties. The purpose of this research is to conduct a comparative study of the concept of ownership, its time, and conditions of transfer in the two legal systems of Iran and Iraq. In this regard, the research first defines and explains the concepts of ownership and its transfer in Iranian and Iraqi law. Ownership is defined as the highest objective right in both legal systems, and the will of the parties plays a key role in its transfer. This research explains the difference between real and beneficial ownership and the effect of will on the transfer of ownership and includes the comparison of issues such as the role of the will of the parties and the legal conditions for the transfer of ownership. In Iranian law, pursuant to Article 338 of the Civil Code, a sale contract results in the transfer of ownership, except in special cases where the law or the agreement of the parties has stipulated another arrangement. In contrast, Iraqi law, based on Articles 131 and 1026 of the Civil Code, makes the transfer of ownership of movable property dependent on the moment of conclusion of the contract and of immovable property on its registration in official records. The research shows that the differences in the legal systems of Iran and Iraq, especially in the interpretation of the time of transfer of ownership and the implementation of its regulations, have important effects on the sales contract and the rights of the parties © 2023 TUJR, College of Law, Tikrit University