The college of law at the University of Baghdad discussed a master’s thesis in the private law of the student (Saif Bassem Mohammed), marked with (consensual division of real estate _ comparative study), on Thursday, corresponding to 8/8/2024 on the conference hall at the college.
The thesis aims to study the provisions of consensual division of real estate in Iraqi law with comparison with the corresponding in Egyptian, Lebanese and French law, with exposure to some Arab laws and the provisions of Islamic jurisprudence, to show the comparative legislative trend in the regulation of consensual real estate division, and compare it with the Iraqi legislative trend, to highlight the positive points, as well as point to weaknesses and propose solutions to them, to reach a general theory of consensual division.
The thesis included three chapters, the first of which dealt with the nature of consensual division of real estate, the second chapter dealt with the legal nature of consensual division of real estate, and the third chapter dealt with the legal nature of consensual division of real estate.
The thesis came out with several recommendations, the most important of which is to amend Article (1071) of the Iraqi Civil Code to eliminate confusion about the status of the detainee due to his age, and explicitly stipulate the permissibility of consensual division in the case of a minor partner, taking into account the provisions of the law on the care of minors, the recommendation of the Iraqi legislator to adopt the provision decided by the Egyptian legislator towards spatial adaptation that lasts for fifteen years, and consider it as a final consensual division.
