Termination of the contract for the sale of residential units under construction A study between general legal rules، judicial jurisprudence، and modern legal trends

Abbas Ahmed, Ahmed Khudair

doi:10.37651/aujlps.2024.150229.1264

	Termination of the contract for the sale of residential units under construction A study between general legal rules، judicial jurisprudence، and modern legal trends
Journal of Anbar University for Law and Political Sciences
Volume 14, Issue: 2 part 1, September 2024, Pages 1058-1081 PDF (673.79 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.150229.1264
Author
Ahmed Khudair Abbas Ahmed^*
Al-Furat Al-Awsat Technical University/Babylon Technical Institute
Abstract
Annulment is the right of each party to the contract، according to which each party has a legal guarantee against the party violating its obligation، but this right is restricted under the general rules to the discretionary authority of the judge، and the judiciary went to restrict it further in the contract for the sale of residential units under construction، driven by justifications، some of which are legal related to the nature of the contract. And others are economic related to encouraging investment and the development process within the country. From this standpoint، our study comes to study the annulment of this contract in order to clarify the position of the Iraqi legislator and the direction of the judiciary، and to study its justifications and discuss them extensively، and to evaluate the positions in parallel with the modern judicial trends that organized this dimension of this contract. of this contract
Keywords
termination of the contract; sales contract under construction; investment encouragement

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