The legal regulation of the contract of reservation of the right to the property - A comparative study –

Abstract

The housing sector is one of the sensitive and always important sectors، as it is related to human life and stability، especially in light of the remarkable economic development witnessed by many countries in recent years، which was accompanied by the urgent need for many urban projects، and Iraq is one of these countries that has suffered and is still suffering from the widespread housing crisis within its society Especially in light of the population expansion and demographic growth that it witnessed continuously، and what made the matter worse is the high level of demand for real estate in exchange for the lack of supply of it at a time when the reality has proven that the traditional real estate sale contract alone has become insufficient in resolving this crisis، In order to face this problem، many countries tended to follow several plans and strategies، drafting many legislations، and developing several programs and modern methods، all of which aim to alleviate the housing crisis. Effective in addressing the housing crisis، which has received legislative acceptance in many countries، The contract of reserving the right to the property is one of the modern techniques in the field of real estate activity that the French legislator came up with and proved its effective role in addressing the housing crisis، which has met with legislative approval in many countries. Several facilities for the latter، the most important of which is the payment of the price in installments in the form of payments commensurate with the stages of completion of the construction by the future seller، leading to its completion and transfer of ownership in a final sale contract، with the owner of the right depositing an amount of money in the seller’s account when signing this contract as a guarantee for him، This study came to show the extent of its importance and feasibility in advancing the housing sector in Iraq and addressing the housing crisis in it .