LEGAL REGULATION FOR TRACKING TRANSACTIONS CONTRACT (A COMPARATIVE STUDY)
Journal of college of Law for Legal and Political Sciences,
2020, Volume 9, Issue issue 32 part 1, Pages 106-131
AbstractToday we see a lot of people who are looking for someone to take their place in carrying out their transactions, due to their limited time or lack of knowledge of the origins of the transaction, so they resort to contracting with another person called (Tracer) to complete the transaction in his stead for a certain amount of money as agreed. Thus, there are many who take transactions tracking as a profession in most state departments and institutions such as the municipality and the real estate registration directorates, passports, civil status and courts, as many who wish to obtain a passport or building permit or transfer ownership of a property or register a vehicle in the traffic department, resort to contract to complete the transaction. Also, it contributes to solving the unemployment problem to some extent, as this profession is a source for living for the tracer that helps in managing his living and his family’s. As such, the importance of the topic was organized in most legislations such as the Syrian and Saudi legislations, except the Iraqi legislator who did not regulate this issue leaving it to the general rules. Therefore, the need has become urgent for the Iraqi legislator to intervene, address this legislative deficiency, regulate and protect this profession without disgracing it through the deal between some tracers with some employees in the departments using unlawful ways to complete transactions. This may occur when the law disseminates the conditions that must be met for the tracer and clarifies his rights and obligations, as well as punitive texts that ensure the implementation of these provisions legitimately.
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