The idea of transformation An analytical study in civil law

Muhammad, Karmanj Muhammad Amin; Hussein, Ismail Namiq

doi:10.63677/jqlap.2024.183558

	The idea of transformation An analytical study in civil law
AL-Qadisiya Journal For Law and Political Sciences
Article 27, Volume 15, Issue 1, June 2024, Pages 661-702 PDF (780.49 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2024.183558
Authors
Karmanj Muhammad Amin Muhammad^* ; Ismail Namiq Hussein
Sulaymaniyah University/College of Law
Abstract
In writing this research, we followed an analytical approach to studying the idea of transformation in civil law. We presented the concept of this idea and explained its advantages. Then we compared this idea with other legal ideas and concepts, such as modification, subterfuge, substitution, interpretation, and adaptation. In the conclusion of this research, we concluded that the idea of transformation, as one of the ideas adopted by the legislator, has become the basis for a set of texts, rules, and legal solutions, such as the rules regulating the transformation of a contract, the transformation of a hand, the transformation of an obligation, the transformation of implementation of an obligation, and other rules and provisions. In civil law, the Iraqi legislator has adopted the idea of transformation in more than one place, in personal rights as well as real rights, and in order for the implementation of this idea to lead its achievements and goals, The legislator stipulated conditions for each case, as its clear in the transfer of contract, transfer of hand, transfer of possession, and others. We also found that the main goal of adopting and implementing the idea of transformation is for the legal reality (the legal event in general, regardless of its type) to have a better effect rather than having no effect, in application of the rule: implementing the speech is better than neglecting it.
Keywords
transformation; trick; interpretation; civil law

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