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Legal Security and its Foundations in Real Estate Transactions - A Comparative Study | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 24, Volume 15, Issue: 1 part 1, March 2025, Pages 674-710 PDF (868.87 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.154768.1384 | ||
| Authors | ||
| Bakr Abdul Qader Fayyad Jassim* ; Ziad Tariq Jassim | ||
| University of Fallujah / College of Law | ||
| Abstract | ||
| Legal security as a term gathers within it what can be gathered from the positive aspects for the purposes of legislation, which makes it a flexible and broad term for acceptance and attraction by those interested in the law. If we want to carry this term and interpret it from the perspective of real estate transactions, it will lead to the necessity of researching the basis that the legislator has established in real estate legislation to achieve confidence and stability for real estate transactions that achieve the contents of the term legal security within real estate legislation. The matter is not as easy as it seems at first glance, but rather we must stop at establishing a specific officer for both legal security and real estate transactions and then find the basis of the latter and the extent of its effectiveness in achieving the confidence that the legislator seeks. Real estate transactions are subject in their procedures to special real estate laws that legislations have tried to formulate to achieve the best possible protection for the owner of the real estate right and those disposing of it in a manner that is consistent with the importance of real estate and its social role. Jurists have differed in determining the basis on which the philosophy of legal security is based, which the legislator assumed when formulating real estate legislation. Therefore, the question is: What is the definition of legal security for real estate transactions? What are its foundations and forms? | ||
| Keywords | ||
| Legal security; real estate transactions; basis of legal security | ||
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