The fact of the legal nature of division in the Iraqi civil law

Volume 11 , Issue 1 , June 2023 , Pages 63-88

Authors

Zuber Mustafa Hassan 1 ; Mohamed Hannon Jaffar 2

1 Department of Law, College of Law, University of Sulaimani; Department of Law, College of Law, Cihan University -Sulaimani - Kurdistan Region - Iraq

2 Department of Law, College of Law, University of Sulaimani - Kurdistan Region - Iraq

DOI logo 10.17656/jlps.10232

Keywords

Abstract

The subject matter of our research focuses on the issue of determining the legal nature of the division, as the legal nature of the common money division was not the same throughout the historical periods in which civil laws developed, starting from Roman law through the old French law and to the current French civil law in force. The division in Roman law transferred property, as well as in the old French law in the early days of its era, but it became revealing of ownership (hypothetically or factual) at the end of its era, which was adopted by the French civil law in force and the current Egyptian civil law.  These transformations were a reflection of the practical needs and necessities resulting from developments in legal and social relations, which affected the jurisprudence trends and judicial rulings, and the legal texts regulating the division of common ownership, and Islamic jurisprudence, as an independent legal system, has a distinct vision and position on the legal nature of the division, which appeared to be an accurate standing for its certainty, through adopting its dual nature. Therefore, we will discuss what we mentioned above, with a special focus on the influential Iraqi civil position, the Iraqi civil jurisprudence position, and the Iraqi civil judiciary, from the factual legal nature of the division in this research, which we will divide into four sections, in which we discuss the following topics: the conveying nature of the division, the discrete nature of the division, the dual nature of division, then the legal nature of division in Iraqi law, jurisprudence and judiciary. 

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  • Published at15 June 2023

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