Mortgage and controls employed in legitimate transactions

doi:10.37651/aujlps.2010.120589

	Mortgage and controls employed in legitimate transactions
Journal of Anbar University for Law and Political Sciences
Article 1, Volume 1, Issue 1, 2010, Pages 324-354 PDF (0 K)
DOI: 10.37651/aujlps.2010.120589
Abstract
Plays finance a vital role in the economic life of contemporary and became a lead core functions through contractual gained describe funding and became known by the expression of the funding role played by in order to achieve the goals intended them. And occupy real estate finance among other types of funding very important due to the need people pressing them, especially housing them and what it takes to be funded from large amounts of capital compared to the financing of movables, reflected this importance formulas contractual that is real estate financing through dropping these formulas are the role of the functions of financial importance were not enjoyed by Besagha traditional, and these formulas : 1. Installment sale: that the establishment of a company engaged in the retail sale of the property which is owned by the buyer the price paid by the last question in the form of periodic installments determines the amount of the premium paid and the time commensurate with the financial ability of the buyer to pay (1). 2. Leasing real estate: In this decade, the taxpayer (company or bank) practiced this activity to buy real estate or agreement with the contractors to build and then lease to the client for premiums take into account the identified along with coverage for the use to recover the taxpayer for the price of the property and when you pay the last installment the taxpayer ownership scheme property to the tenant (2). 3. Istisna buildings: to ask the buyer of the manufacturer to build a property specific to the land owned by the buyer who shall manufacturer so either by itself or to contract with contractors for this purpose with the payment of construction costs that is the buyer for the maker of the taxpayer later installments periodically agreed in addition to an increase in the cost of a fee-funded (3). 4. Contract for the sale of buildings under construction: being done by the owner of the construction project contract with the buyer or buyers who wish to join the project handed over Faltzm buildings built on land owned (as opposed to istisna'a buildings) for regular premiums paid by buyers in the manner agreed upon (4). 5. Mortgage agreement and in which the financier lends the buyer (investor) the value of the property you want from the vendor or contractor who Sabnyh or to pay him the price with receiving a transfer the rights of the seller or contractor by the investor who will pay the loan amount and the cost of financing in the form of periodic installments to guarantee mortgage property or land to be built upon. and is subject to retail in Iraqi law, the provisions of the contract of sale (5), and subjected the Iraqi legislature istisna'a buildings with the provisions of Entrepreneurship (6), while missing the organization's legislative finance lease and contract for the sale of buildings under construction, despite an alert Jurisprudence of Iraq to the importance of those two alternatives Altamoalitin (7). As for the mortgage agreement is as well as the absence of legislative regulation has not discussed at the level of jurisprudence in Iraq, despite its importance and the advantages achieved by no other funding formulas achieved until tomorrow of the most important factors affecting the real estate market in a recession or its activity and this is why the legislator in France and Egypt to organize legally and find a wide array of legal tools and material necessary for the implementation of this Agreement and its role in achieving the goals associated with it. Perhaps the reason behind the lack of attention to the legislative and jurisprudential real estate finance in Iraq is the weakness of the environment real estate recession, its market due to political instability and economic development experienced by the country despite the need for society and the real estate market and its industry in Iraq to the stimuli mortgage, so I tried to discuss this issue and bring the image of the legislature of Iraq in preparation for the intervention of the legislative and drawing on the experience of France and Egypt in this regard, compared with a legal mortgage the French No. (579) in (16 / July / 1971), amended by Law No. (649) on 11 / July / 1972, the Egyptian real estate finance law No. (148) for the year 2001, adopted two different systems to the real estate, although they met the goals and objectives. has been taken into account the controls deployment plan has placed a brief attempt to focus on legal aspects of the mortgage agreement, which could be adopted in our legal system is divided into two sections: I: devoted to the definition of real estate finance in terms of identifying intended and its importance and legal nature. The second statement of the legal system in terms of identifying people

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