Legal rooting of the obligation in kind (Comparative Legal Study)

Kazem, Ahmed Abdul Salam

doi:10.63677/jqlap.2025.191172

	Legal rooting of the obligation in kind (Comparative Legal Study)
AL-Qadisiya Journal For Law and Political Sciences
Article 37, Volume 16, Issue: 2 part 2, December 2025, Pages 795-810 PDF (809.04 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.191172
Author
Ahmed Abdul Salam Kazem
Directorate General of Dhi Qar Education
Abstract
The Iraqi legislator has not adopted the concept of real obligation (or obligation propter rem) as a general principle; however, the legal framework contains numerous legislative applications of this concept. A real obligation is a type of legal obligation that is directly connected to a specific property (the “res”) rather than to a particular person. This type of obligation transfers automatically with the ownership of the associated property, meaning that any new owner becomes bound by the obligation as long as they retain possession of the property. Real obligations are characterized by their attachment to the property rather than the person, making them more stable and effective in safeguarding rights-especially in legal relationships that require continuity regardless of changes in ownership. As such, real obligations serve as an important legal tool for securing rights related to property, particularly in real estate transactions. They are clearly manifested in certain real rights such as usufruct, as well as in obligations arising from neighboring property relations, shared walls, and restrictions on the use of property like easements.
Keywords
The obligation; in kind; rooting; personal

Statistics Article View: 137 PDF Download: 42