The Consequences of Violating the Condition Prohibiting Disposition in Iraqi Civil Law

Abstract

Abstract: The right of ownership is subject to certain restrictions, one of which is the condition prohibiting disposition. Although the obligated party may agree to this condition, possibility, the Iragqi legislator has they may sometimes violate it. To address this granted both the stipulator and the beneficiary of the prohibitory condition the right to annul the contract in case of violation. In contrast, under Egyptian law, the is the annulment of the disposition, penalty for violating the prohibitory condition and this annulment is considered exceptional in nature. Nevertheless, several questions arise: Does the party to whom the disposition is made have the right to request annulment when the condition was made in their or? When there is a conflict between the desires to annul it, which takes precedence? To answer these and other questions, we have chosen to divide this study into to sections, with each section topicsconsisting of three. © 2023 TUJR, College of Law, Tikrit University