Provisions of a contract for the sale of vehicles that are defective in form - a study in light of the Civil Code and the Iraqi Traffic Law

Volume 3 , Issue 2 , October 2015 , Pages 72-105

Authors

Bamo Parwez Khan Aziz Daloiy 1 ; Esmail Namiq Hussain 1

1 College of Law- University of Sulaimani

DOI logo 10.17656/jlps.10070

Keywords

Abstract

This study covers the problems caused by the sale transactions of vehicles that have formality defects, and disputes that arise between the parties to the contract. These disputes include the right of the parties in receiving back what they have paid and demanding compensation for the damages incurred because of the annulment of the contract. The study also covers instances that the contract transfers to become an unnamed contract or transfer of rights through discussing the available solutions and rules to remedy such problems. To achieve these ends, the study concentrates on the position of the Civil Law and the Traffic Law No. 86 (2004), clarifying the decisions of Iraqi courts to remedy these issues and to check the extent of their success.

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  • Published at1 October 2015

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