The expiration of the legality of the judicial claim

Abed, Ahmed Fiez

doi:10.63677/jqlap.2024.183582

	The expiration of the legality of the judicial claim
AL-Qadisiya Journal For Law and Political Sciences
Article 32, Volume 15, Issue 1, June 2024, Pages 807-830 PDF (543.64 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2024.183582
Author
Ahmed Fiez Abed^*
Presidency Of The University Of Fallujah
Abstract
Permissibility is a contract like all other contracts that responds to the benefit of notables, and it is an unnamed contract that the Iraqi legislator did not undertake to regulate its provisions, whether in terms of formation or expiration in particular, and a judicial principle emerged that shows how it expires and was frequently repeated in judicial decisions, especially at the Federal Court of Cassation, to the effect that the permissiveness contract An unnecessary contract that expires at the will of the owner or the permitted person or his heirs after his death. However, this will should be legally covered through a judicial claim to file a lawsuit indicating that the permitted person has withdrawn his permission regarding the use of the permissible for the benefit of the eye, and this principle, despite its release, the judiciary has not It is dealt with at other times for the purpose of achieving a degree of protection for those who have a personal right to use the thing subject to permissibility within the limits of personal use, as the judiciary balanced between the interest of the owner of the property who has three powers, which are use, exploitation and disposal, and the interest of the permissible for him who has the authority to use only, and found That the interest of the permissible for him is more worthy of protection than without neglecting the right of the owner
Keywords
Permissibility; judicial claim; non-binding contract; similar wages; appropriation

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