Forced transfer of private ownership in the form of forced sale at public auction

زعین, محمد جمال

doi:10.37651/aujlps.2024.150460.1276

	Forced transfer of private ownership in the form of forced sale at public auction
Journal of Anbar University for Law and Political Sciences
Article 25, Volume 15, Issue: 1 part 2, June 2025, Pages 675-705 PDF (692.01 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.150460.1276
Author
محمد جمال زعین^*
جامعة الأنبار ، کلیة القانون والعلوم السیاسیة ، قسم القانون ، العراق
Abstract
Selling the debtor’s money at a public auction is of great importance to the creditor the debtor, through procedures stipulated in substantive and procedural laws. However, at the same time, it provides a benefit to a third party, namely the one who won the bid, so the forced transfer appears in the one who won the bid, being the latter. As a result of this regular relationship in the hands of the public authority, it is the one who created that relationship in a specific way, so the importance is only in recovering the creditor’s right.The end of the auction is the expropriation of an owner against his will, the debtor in favor of the buyer in the auction, who may not have a relationship of debt or liability. How did this happen? Is this truly legal action? If the will of the owner of the auction becomes clear with his bid, then where is the will of the property owner? How do we call this relationship behavior? What is the legal status of the owner and the possessor to whom the bid was awarded?Answering these questions allows us to learn about the public auction system, as a form of forced transfer, and the idea of forced sale is discussed, and is it a system or a contract. What are the effects of this forced sale, and the positions of its parties have been explained.
Keywords
Keywords: creditor; debtor; owner; possessor; auction award

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