The legal position of property buyers by public auction - A Comparative Juristic Study
Section: RESEARCH
Abstract
It is recognized in the law that the texts are identical and the incidents are not final. In this regard, we discussed the ownership of the property purchased in a tender wayI have moved by awarding the bid and paying the price so that the buyer becomes an opponent in the lawsuit filed against him or against him, but we have not been to discuss the details of the detailsIn addition, specialized research did not take placeThe subject of the legal and substantive center and the procedural legal center of the purchaser of the real estate and the relationship between them
References
- Fifth: Theses1. Hind Faleh Mahmoud Al-Aalaf, Selling Real Estate by Public Auction, Comparative Study, Master Thesis submitted to the Faculty of Law, Mosul University, 2001.
- Secondly: Books Hadith1. Muhammad Shams al-Haq al-Azim abadi, Awn al-Ma'abood, Sharan Sinan Abi Dawad, with comments by Al-Hafez Shams al-Din Ibn Qayyim al-Jawziyya. His conversations were given by Essam al-Sabati, Dar al-Hadith, Cairo, 1422-2001.2. Muslim Bin Al-Hajjaj, Sahih Imam Muslim, Dar al-Kitab al-Arabiya, Egypt, 1327 AH.
- Seventh: Unpublished judicial decisions1. The decision of the Court of the beginning of Mosul No. 3387 / B / 2007 of 10/4/2008.2. The decision of the Court of the beginning of Mosul No. 3081 / B / 2008 of 12/10/2008.3. The decision of the Federal Court of Cassation No. 2062 / Civil Real Estate dated 8/9/2008.4. Decision of the Court of Appeal of Nineveh No. 243 / S / 2008 of 30/11/2008.5. The decision of the Federal Court of Cassation No. 193 / Appellate Body / Real Estate / 2009 dated 24/2/2009.
- Sixth: Iraqi Laws1. Civil Code No. 40 of 1951 as amended.2. Civil Procedure Code No. 83 of 1969.3. Real Estate Registration Law No. 43 of 1973 amending.4. Law on the Standardization of Types of State Lands No. 53 of 1976.5. Implementation Law No. 45 of 1980 amending.6. Law of extinguishing the right of judgment No. 3 of 1983.7. Sale and Rent of State Property Law No. 32 of 1986.8. The Iraqi constitution for the year 2005.
- SourcesFirst: Arabic books1. Ahmed bin Fares bin Zakaria, Dictionary of Language Standards, Investigation and Control of Abdul Salam Mohammed Harun, Scientific Book House, Iran, Qom, no date of publication.2. Muhammad ibn Abi Bakr bin Abdul Qadir al-Razi, Mukhtar al-Sahah, Dar al-Qalam, Beirut, no date of publication.
- Third: Books of jurisprudence1) Al-Salama Bin Al-Hamam, Explanation of Fateh Al-Qadeer; Qazi Zadeh, The Results of Ideas in Revealing Symbols and Secrets, Muhammad bin Mahmoud Al-Babarti, Explanation of Care for Guidance, Saadi Chalabi. Male Year of Publication.2. Mustafa al-Zulmi and A. Abdul-Baqi al-Bakri, Introduction to the Study of Islamic Law, University House for Printing, Publishing and Translation, Mosul, 1989.3. Dr. Yousef Ahmed Hamad Al-Badri, Makassed Al-Shariah at Ibn Taymiyyah, Dar Al-Nafais for Publishing and Distribution, Jordan, 1421H-2000M.4. Dr. Yusuf Al-Qaradawi, Islamic Awakening and Concerns of the Arab and Islamic World, No Place of Publication, 1988.