Evaluation of Regulation of Seeing Option in Iraqi Law (A Comparative Study)
Journal of college of Law for Legal and Political Sciences,
2019, Volume 8, Issue issue 31 part 2, Pages 256-288
AbstractThe wide regulation of seeing option contained in the Iraqi civil law, unlike the position of comparative civil laws, raises questions about the extent to which the Iraqi legislator has succeeded to expand that regulation and, before that, the extent to which the legislator succeeded to regulate seeing option in principle. Although the jurisprudence has been studied some aspects of what has been mentioned, other aspects of the subject have not been studied. This study is an evaluation of an existing regulation in the Iraqi civil law, in which there are several shortcomings in certain aspects without generally fulfilling their right to study, and that will be done through the implementation of the comparative approach, with the aim of identifying the shortcomings of the existing legal regulation .The study tried to clarify whether seeing option regulation by the legislator in principle is the right choice or is it possible to dispense it because of the existence of other subjects regulated in the law. This study is divided into two sections, in the first one we determined the shortcomings surrounding the existing texts in the Iraqi civil law regarding seeing option. In the second section, we explained the feasibility of regulation of seeing option in principle under the legislator's regulation of other concepts which are close to the concept of seeing option or may lead, in the result, the same purpose of regulating seeing option. This study has reached certain conclusions. The most important one of these conclusions is that the Iraqi legislator's regulation of seeing option in the civil law is flawed in many sides, and most of the texts on this option are deficient. This requires the legislator's intervention to amend the texts regulating it, as it is proposed specifically in the study. Among the conclusions of the study, the justifications given by the rejectionists to the legislator's regulating of seeing option in principle is not based on a firm basis and does not help in supporting their opinion. On the other hand, the justifications given by the proponents of the adoption of seeing option in the law can not be underestimated, and thus they can strengthen the legislator's position of regulating this option in principle to protect the buyer in a circumstance where the general rules fail to achieve such protection. However, the regulation of the Iraqi legislator for seeing option in the civil law was flawed in many sides, starting with naming it and passing through its provisions and ending with its cases of fall. Therefore, the study made several recommendations regarding amending some provisions governing seeing option in the Iraqi civil law, so that the regulation of the subject in this law becomes precise, concise and addresses the deficiencies of the current wording.
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