- All Journals
- Al-Qadisiyah University
- Basrah University
- Kirkuk University
- Mosul University
- The Iraqi Borad for Medical Specialization
- University of Anbar
- University of Technology
- Al Mustafa University
- Al-Zahraa University for Women
- Alnoor University
- Kunooz University
- Misan University
- Ninevah University
- Tikrit University
- University of Al-Hamdaniya
- University of Kerbala
The effect of losing of usufruct in the lease contract” A comparative study between Islamic jurisprudence and Iraqi civil law | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 14, Issue: 2 part 1, September 2024, Pages 427-446 PDF (849.58 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.150976.1287 | ||
| Author | ||
| Amer Mustafa Ahmed Mustaf Al-Dabbagh* | ||
| University of Mosul / College of Law | ||
| Abstract | ||
| The lease contract is the ownership of a known benefit for a known consideration for a known period. The right to the benefit may be lost to the tenant, completely or partially. If this right is lost to the tenant, it has a clear effect in Sharia and the Iraqi Civil Code in granting the tenant rights, especially in the partial loss of the benefit, by giving him the choice between rescission or keeping him with the full or reduced rent. According to the opinions that we will explain, along with the explanation given for each jurisprudential opinion and legal text. The leased property is the one over which the usufruct right falls, and its conditions are the same as the usual conditions for the premises, which are that it must exist, that it be specific or capable of being identified, that it is permissible to deal with it, and that it also has a special condition, which is that it should not be subject to total consumption. The partial loss of benefit, according to Muslim jurists, is divided into several divisions, some of which give the lessee the option between annulment and retention while reducing the rent, and some that do not give him this option. As for the Iraqi Civil Law, it gave the option to the lessee, but the obligation falls on the lessor, starting with returning the leased property to its original condition at the time of the contract. | ||
| Keywords | ||
| Rent; loss of benefit; total loss; partial loss; cancellation | ||
|
Statistics Article View: 2,114 PDF Download: 75 |
||