The legal framework for house swaps (a comparative study)

Abstract

their homes, usually for tourism or short-term housing purposes, without transferring ownership. In France, it is generally governed by the French Civil Code, particularly the provisions on leases (Article 1708 et seq.) or loans for use if no payment is involved, subject to strict municipal restrictions under the Construction and Housing Code, as well as tax risks and liability for damages. In Egypt, Law No. 131 of 1948 (Civil Code) applies, classifying the arrangement as a lease or a loan for use, with specific administrative and security requirements for hosting foreigners, under the regulations of the Ministry of Tourism and the Ministry of Interior, in addition to civil liability rules. In Iraq, there is no specific legislation, and the arrangement is interpreted under Civil Code No. 40 of 1951 as either a lease or a loan for use, while complying with municipal and security restrictions. Despite legal and administrative risks, the parties enjoy fundamental rights, including temporary use, property safety guarantees, and protection against disturbance.