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Comparison between sales contracts is committed to the same thing | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 9, Volume 15, Issue: 2 part 1, September 2025, Pages 225-250 PDF (843.19 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.159751.1511 | ||
| Authors | ||
| Awatif basim layif* 1; Mahaa Nsaef Jaseem2 | ||
| 1Al IraqiaUniversity College of Law and political science Department of private Law | ||
| 2Al IraqiaUniversity College of Law and political science Department of private Law | ||
| Abstract | ||
| The study addressed the comparison between multiple sales contracts for the same item. The comparison here means determining which o the contracts should be given legal effect against third parties, and which of the buyers is proven to have the real right to the subject of the contract. The criteria for comparison differ according to the type of property being sold. In the sale of real estate, the legal system relies on official registration as the basic criterion for adjudicating between competitors. The buyer who takes the initiative to register his contract with the Real Estate Registration Department is the one who is given preference against third parties, in accordance with what has been established by Iraqi law and some comparative laws, with the condition of good faith in some cases, so that the registered buyer is protected if he is not aware of a previous sale of the same property. As for the sale of specific movables, the comparison is based on possession, so that the one who received the sale in good faith is preferred, regardless of the priority of the contract in terms of date, based on the rule of "possession in movables is the title deed." The problem becomes more complex if fraud or bad faith is involved in one of the transactions, as proof of fraud would deprive the subsequent purchaser of the protection of registration or possession, and their right could be invalidated even if it was based on correct formal procedures.. | ||
| Keywords | ||
| preference of rights; buyer competition; contract differentiation | ||
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