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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

Many Topics Including The Oldest Dinar Community. Copyright © 2006-2020


    of the Iraqi judiciary refuses to build a role in agricultural land

    Rocky
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    • Post n°1

    of the Iraqi judiciary refuses to build a role in agricultural land Empty of the Iraqi judiciary refuses to build a role in agricultural land

    Post by Rocky Mon 12 Nov 2018, 2:11 am

    [size=32]
    of the Iraqi judiciary refuses to build a role in agricultural land[/size]
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     46 minutes ago



    Shafaq News / The housing crisis in recent decades has increased the division and sale of agricultural land within the basic design of the city, while specialized judges confirmed that this phenomenon contributed significantly to the spread of slums in cities.
    In addition, specialized judges to "eliminate" the emergence of several problems and disputes occur mostly between the seller and the buyer because the Iraqi law drew a specific form for the sale of real estate other than the sale of these areas of agricultural.
    The sale of land is legal only through the competent real estate registration department and in the manner stipulated in the law in accordance with the provisions of article 508 of the Iraqi Civil Code in force, unlike most of these sales which are in the form of correspondence and foreign contracts based on the agreement of the parties (seller and buyer) The contract is custom-made and is confirmed by a non-governmental third party to be more like car sales contracts and others.
    "These contracts are formal contracts and are not considered valid contracts for the transfer of ownership of a property or shares and are legally void and have no legal effect on the sale," Judge Ali Humaid al-Alak, vice-president of the Karkh appeal and chairman of the Bayaa court complex, told the newspaper.
    Al-Alaq pointed out that "the citizen in recent times and after making sure that these contracts are not significant go to the courts to submit applications called requests for the sale confirmation to the owner of the bond or contract to sue the seller to approve the sale of part of the agricultural land or specific shares of them."
    Al-Aalak explained that "there are two forms of this acknowledgment either through the request for direct approval submitted by the buyer, or by the establishment of a claim of ownership of the seller to approve the sale implicitly," pointing out that "the result of this lawsuit reply because they lack the conditions mentioned in Resolution 1426 ) For the year 1983 and the formality of ownership transfer of property according to the law.
    "The legal effect of these declarations and statements on their validity is determined by ensuring financial commitment between the parties, and allows the buyer to return and take the purchase for not transferring the ownership of the land sold to him and restore the situation as it is before the purchase only, A certain amount for the sale of specific shares of agricultural land. "
    Al-Alaq added that "the external correspondence, if ratified by the declaration, is one of the texts that can not be implemented because it is not one of the provisions and provisions that are enforceable according to the provisions of Article 14 of the Execution Law No. (45) of 1980".
    For his part, Judge Hatem Jabbar Al-Ghurairi, head of the Doura Courts Complex, told the judiciary that "in the recent period, the parties have been involved in the establishment of this type of lawsuits before the courts of first instance in the session and al-Baya'a in many cases. Article 145 of the Civil Procedure Law, It is customary to request the expedited judge to summon the person to whom this document is attributed to confirm that it is in his handwriting, by his execution, by his stamp or by his thumbprint, although the obligation to do so is not worthy of performance. "
    Al-Ghurairi added: "Therefore, the acknowledgment obtained by the buyer of the property under the sale contract (the customary sale contract), which is presented to the court for approval by the seller, is a precautionary measure seeking to confirm the refusal to deny the location on this bond in the future in case of a judicial dispute between them The reason for this is to obtain a judgment against the opponent against the contents of this court editor after a case has been brought before the court of first instance. This is what is currently happening by the purchasers of the land where the claims are filed or the claim is filed against the seller to guarantee the future status of the land in the event of any changes In terms of physical value or class Land of sale if converted to residential sex. "
     Article (279, 280 and 281) of the Law of Real Estate Registration No. (43) of 1971, the body entrusted with the transfer of the land class and the real estate registration departments associated with the Ministry of Justice.
     On the spread of the phenomenon of sale and division of agricultural land, Al-Ghurairi added that "many disadvantages surround the spread of this phenomenon, which spread out strikingly, as the owners of these lands with large areas to break up this area of ​​agricultural land to small pieces to sell the sale of foreign contracts to the citizens to establish a role (50 m), especially that these areas of agricultural land overlapping and adjacent to residential neighborhoods and land with a housing classification, which allowed the purchaser of these small areas of agricultural land to set up housing units in violation of the rules and laws.
    He pointed out that "the law prohibits the establishment of any building before obtaining a building permit issued by the Municipality Department competent and it is inconceivable that the Municipality Department granted this vacation in the land with agricultural classification only in accordance with certain controls was one house for the owner of the land with a large area.
    Al-Ghurairi said that the construction of these buildings is a violation of the law governing the effective municipalities. This law allowed the Municipality Department to warn the owner of the building to lift this violation within a certain period in accordance with the method prescribed by the Municipal Administration Law No. 165 of 1964.
     "The spread of this phenomenon is negative in all respects, although it reduces the housing crisis in the cities and the capital because it negatively affects the infrastructure of the adjacent areas, in addition to the destruction of agricultural land and the end of the green belt of cities, in addition to the difficulty of collecting information about its inhabitants, .



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