The legal nature of the retention-of-title clause as collateral

doi:10.37651/aujlps.2017.132581

	The legal nature of the retention-of-title clause as collateral
Journal of Anbar University for Law and Political Sciences
Article 1, Volume 7, Issue 2, 2017, Pages 144-188 PDF (1.23 M)
DOI: 10.37651/aujlps.2017.132581
Abstract
The development of economic and social life and the lack of financial possibilities led to the resort of the buyer sometimes to postpone the fulfillment of the price of both or some, So the seller had to look for a way to guarantee his right to the price of the sale, In this sense, the reservation clause of property emerged as a means of guarantee allowing the seller to retain ownership of the sale even though it was in the buyer's possession until full payment had been made, The various legislations have approved the validity of this clause, Despite its prominent legal and economic standing, its legal nature remained ambiguous and complex, As there ) مجل جامع إٟنباص للعل مُ القان نُ إَلغ اّع - العزر الثالث عؾض - المجلز الثان - الغه ) 2017 145 were many jurisprudential opinions and conflicting judicial rulings without reaching a decisive result in this regard, Which led us to the pit in the midst of this difference in order to determine more accurate this nature in line with the provisions of Iraqi legislation.

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