Doctrinal review in the silence of partners about the sale of the partner part of the common thing

J. Zayin, Mohammad; Sabah, Mohammad F.

doi:10.37651/aujlps.2019.171653

	Doctrinal review in the silence of partners about the sale of the partner part of the common thing
Journal of Anbar University for Law and Political Sciences
Article 23, Volume 9, Issue 2, 2019, Pages 810-828 PDF (738.87 K)
DOI: 10.37651/aujlps.2019.171653
Authors
Mohammad j. zayin¹; Mohammad F. Sabah²
¹Anbar University- College Of Law
²Al-marif University
Abstract
Common ownership raises many contentious issues and legal problems, either because of the quarrelsome nature of the common, or because of the inaccurate treatment of these issues by the legislator, as in some of the remedies the legislator has increased the problem without rising hernias, as he did in the issue of Scott partners The partner acted in part of the common money, specifically in the text of Article 1062 (2), which dealt with the silence of the partners about the act of one of the common money, in a logical violation of the general provisions in silence and confusing the impact of this behavior, where he relied on what Divided by division, the impact of the acting part in the share of the acting partner after the division is considered to be true, but if the part disposed of the share of the acting partner does not have the effect of the contract, it is understood from the context of the text that the legislator intended legal and material disposition, and we will try to collect Anomalous text and come up with a solution to this problem.
Keywords
Participation; Partner selling is part of the common money; Partners; Suspended contract

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