The college of law at the University of Baghdad discussed a master’s thesis in the private law of the student (Doaa Salem Jodi), intitled with (legal regulation of forced sale – a comparative study), on Thursday, 04/01/2023 at the conference hall at the college.
The thesis aims to identify the legal nature of forced sale, whether it relates to real estate or movable property, in the departments where this process is carried out, whether in the Enforcement Directorate, in the court of first instance, or in the real estate Registration Directorate, and to find out the applied methods by which forced sale is carried out and the extent to which the legal provisions related to this sale are achieved at the applicable Level In reality.
The thesis included three chapters, the first chapter dealt with the nature of forced sale, the second chapter dealt with the elements of forced sale and the parties responsible for it, while the third chapter dealt with the procedures for seizing and selling funds.
The thesis came out with several recommendations, the most important of which is to amend the text of Article (87) of the Iraqi implementation law and(163/1) of the real estate registration law, which relate to the time limit granted to the debtor to pay the debt, that the Iraqi legislator explicitly stipulates to prevent the debtor from participating in the auction as stipulated by the comparative laws under study.
