Comment on a decision Her point of view on the degree of dependence on the landlord after migration He does not need to live
Section: Comment on courts ruling
Abstract
The necessity of refuge is a special case for the lessor imposed on him and does not seek it, so the lessor's residence in the camps of the displaced and his rent of his house to others and then his return and request for housing his house is not a necessity of refuge in one of the judicial directions, while a second judicial orientation believes that the return of the lessor after his migration from the city in which the rented property is located is a necessity of refuge that allows him to request eviction.
References
- The decision of the Nineveh Court of Appeal in its cassation capacity, Issue 4/T.B/2012 on 3/12/2012, unpublished.
- The decision of the Nineveh Court of Appeal in its cassation capacity, Issue No. 453/T.B/2013 on 7/11/2013, published in the Journal of Legislation and Judiciary, Issue Two, Sixth Year, 2014.
- The decision of the Nineveh Court of Appeal in its cassation capacity, No. 271/T.B/2009 on 1/25/2009, published on the website of the Iraqi Legislation Base.
- The decision of the Nineveh Court of Appeal in its cassation capacity, No. 294/T.B/2008 on 17/1/2008, published on the website of the Iraqi Legislation Base.
- The decision of the Nineveh Court of Appeal in its cassation capacity, No. 439/T.B/2011 on 11/29/2011, unpublished.
- The decision of the Rusafa Court of Appeal in its cassation capacity, No. 592 / M / 2010 on 13/7/2010, published on the website of the Iraqi Legislation Base.
- The decision of the Rusafa Court of Appeal in its cassation capacity, No. 957/m/2010 on 10/26/2010, published on the website of the Iraqi Legislation Base