Keywords : the Civil Law


Tenant insolvency and its impact on the rent contract in the Civil Law (Comparative analytical study)

Ahmed M.Qadir

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 1, Pages 128-166

This study dealt with the issue of civil insolvency as a means of public guarantee for creditors. The Iraqi legislator organized this subject under legal provisions in the civil law inspired by the Islamic jurisprudence under the name of the stone against the bankrupt debtor. As for the rights of lessors and tenants, No. 87 of 1979, which was canceled under Article (10) of Law No. 56 of 2000, the Iraqi legislator at the time when the protection of the tenant property covered by the provisions of the law, he tried to find a kind of balance between the conflicting interests parties that contract, and among Y You may do so for legal reasons For reasons of which the law provides that if one of them is available to the lessor, he shall request the abandonment of the wage. The reasons stipulated in article (17) of Law No. 87 of 1979 are repealed under Article 10 of Law No. 56 of 2000, The Egyptian jurists believe that the right of the lessor to terminate the rent for this reason (the tenant's insolvency) is contrary to the provisions of the laws (49) for the year 1977, (136) for the year 1981. The first law did not oblige the lessee to provide insurance equivalent to only two months, And the last law remains on this provision, but the two laws prevent eviction Li prevents the evacuation if the tenant did not provide insurance for taxi was not worth having In this study, it was found that the tenant's tenant has the right to request termination of the contract from either the lessor or lessee, without restricting the contract to be fixed-term or indefinite. The lessee has the right to pay the rent, The judge considers giving reasonable time for the landlord to seek another tenant to mitigate the damage to which he will be subjected .