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التكييف القانوني للاجارة في قانون الاستثمار لاقليم كوردستان العراق
Keywords: : legal adaptation, short and long lease, legislative deficiencies, legal regulation, rights in rem and personal right.
Journal of college of law
For legal and political sciences
Volume (11) ISSN: 2226-4582 AIF: 08
Faculty of Law / Tishk International University
Date: 22-23, December 2022
Venue: Kurdistan Region- Erbil
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Asst. Prof. Dr. Tahsin Hamad Smael
Soran University – Faculty of Law
Muhamad Razzaq Ali
Legal Researcher
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Abstract
countries have paid careful attention to the regulation of special provisions relating thereto and appropriate guarantees are provided with investors in addition to granting all facilities to them in order to invest, including granting of a specific location of land to them so that they can start their investment project either through ownership or leasing or Musataha, and on this basis the Investment Act of Kurdistan Region of Iraq No. (4) of (2006) was enacted which provides investors with a number of guarantees, facilities and exemptions. However, it does not mention a number of important provisions including provisions of the lease contained in Chapter IV in Article (4/2) concerning the legal a, and devoted this chapter to allocate land through Musataha, leasing and ownership, but as it is known that the right to lease to the investor (lessee) differs from the tenant’s right to hold the usual normal lease in different aspects.Thus, the researcher focuses on the adaptation of the right to lease established in the investment law, in order to eliminate the confusion and uncertainty about it and to clarify the strengths and weaknesses in the legal provisions specific to the regulation of the right to lease, however the Iraqi Civil Code No. (40) of (1951), as it is a source for all private laws. However, we do not find any provision regulating the issue of the long lease, it is a shortage of legislation that leave the door open to jurisprudence and the views of scholars and their arguments,and this is what we are trying hard to find a solution to the problem of our search by providing a legal provision (s) addressing the problem.
قائمة المراجع
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