Journal of college of Law for Legal and Political Sciences

Abstract

Abstract

Dissociation contract is considered one of the contracts that regulates an important aspect of human activity represented by the heir's disposal with his share of the inheritance. It is regarded as a contract that transfers the ownership between the heirs and this subject was not dealt enough in the scope of legal researches in the civil law. Most of the legal studies focused on the personal affairs aspect in this subject and many specialists in the Civil Law especially the persons specialized in Iraqi Civil Law, leaving the subject to the personal affairs law and its commentators. The contract of الdissociation is one of the vital contracts which the comparative law took into consideration such as the Emirate Law civil transactions, the civil law in Jordan and the Sudanese civil transactions law (which are the subject of our comparative study), because it related to an important aspect of the individuals' acts of disposal, which is الdissociation and the disposal with this right by the heirs so that either additional properties to one or more of the heirs. In spite of the importance and the common use of this contract in the reality, the Iraqi legislator did not deal with it in the civil law No. (4) for the year (1951) or in the law of personal affairs No. (188) in 1959 and it was only dealt with in certain texts in the real estate registration law No. (43) in 1971 (modified). The dissociation is defined according to the dominant opinions of the Islamic Fiqh as the agreement between the heirs to exclude some of them from the inheritance in return of something agreed upon.
. There is a particularity for the place in the contract of the cession as he should be nominated specifically with awareness with the contents of the share. So, the place has general conditions that were mentioned in the laws and specific conditions mentioned by the Islamic Fiqh with the optimum objective to avoid the usury. For the dissociation contract to be legal in terms of including the specific conditions several consequences.