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Course hold A comparative study | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 13, Volume 10, Issue 2, 2020, Pages 460-493 PDF (620.32 K) | ||
| DOI: 10.37651/aujlps.2022.171537 | ||
| Author | ||
| Younes Mahmoud Karim | ||
| Tikrit University / Faculty of Law | ||
| Abstract | ||
| Al-Musaqa is a contract held by two parties, the grove's owner and a farmer who is committed to taking care of the grove's trees in return for a share of the yeilds. Al- Musaqa contract is recognised in civil law and in Islamic jurisprudence. Therefore, the goal of this study is to define this contract and its provisions in civil law, and this research relied on a comparative approach in order to clarify the provisions of this contract. It is important to explain how the legislator addressed the rights and obligations of both parties. The contract creates a discrepancy between Civil Law and Agrarian Reform Law No. 117 of 1970. It has been found through research that Al- Musaqa contract differs from the rest of agricultural contracts. If the grove starts to produce, it would be considered a lease contract at the beginning, then extending to a partnership agreement. As for the termination of the Al-Musaqat contract, it has been defined by law. Additionally, this paper recommends the following: that the Iraqi legislator include fruitful and fruitless trees in its provisions , as well as the need to define the obligations of landowner, reformulate the provisions on obligations and rights, clarify ambiguous terms and assign the task of settling agricultural disputes exclusively by the judiciary. | ||
| Keywords | ||
| The Musaqa; fruit trees; non-fruitful trees; agricultural contract | ||
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