Elements of rental relations between the restriction and release of the legal text . ((A comparative study between the provisions of the Iraqi Civil Code and the Real Estate Rental Law))

Abstract

         the legal relations between individuals on the basis s are a variety of sources, one of the most important sources is the contract, and from the contracts prove and associated with rights The obligations is to hold this shop. For example, the contract is the source of the order of the commitments against which the will of the two sides of the contract, including the contract, but the controversy appears to be for the extent of freedom granted to the discount of the lease in relation to elements of their background relationships Whether it is suspendeof rights and obligations to each other before, if those obligationd by the hack, fare or duration, there is no laws to be aware of the year, whatever its theme, with a space of freedom to the curb of the contract, affected by the principle of traditional philosophy and known as the principle of Sultan will, This is what we found in the texts of Iraqi civil law No. 40 of 1951, where the extensive freedom of the hole is determined by the hole, and in determining the sex of the fare, in cash or eyes, and in determining the term of the contract or a day Or a month or a year or several years. While there are legislative provisions that have been restricted by a specific type of specific type, which is being underestimated, with the narrowing of freedom given to the contract in a large expiration of civil law on the wage, fare and duration, In the texts of the Real Estate Lease Law No. 87 of 1979, amended by resolution 56 of 2000.

Total noteworthy about the extent of freedom space for the will of both laws, and none of them had the adult impact on the sides of the widespread space contract, which is allowed to determine what he seeks and not to oppose with public order and public morals.