Commentary on a Decision of Court of Cassation on the Formality of the Musatahah Contract A Comparative Study"

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Wadad Wahib Lahumud

Abstract

In this commentary, we address the presentation of the jurisprudence of the Court of
Cassation in its judgment numbered (268 in the year 2007), considering that the
Musataha contract (Usufruct )that was not registered in the Real Estate Registration
Department is a valid contract contrary to the provisions of the Real Estate Registration
Law No. 43 of 1971, as well as the Comparative Law which considers this contract to
be Aynyia and one of the formality contracts, for which it is required to be registered
in the Real Estate Registration Department, otherwise the contract is not considered
valid. If the Court of Cassation goes in the direction of attributing them to the
provisions of Civil Law No. (40) for the year 1951 amended, the existence of the
provisions of the Real Estate Registration Law stipulates that there is no doubt that the
(Usufruct) Musataha contract is a Formality contract, i.e. it must be registered with the
Real Estate Registration Department. It is noted that the Real Estate Registration Law
was issued after the provisions of the Civil Law were issued in terms of date.

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How to Cite
وداد وھيب لھمود. (2020). Commentary on a Decision of Court of Cassation on the Formality of the Musatahah Contract A Comparative Study". MIsan Journal of Comparative Legal Studies, 1(1), 165–177. https://doi.org/10.61266/mjcls.v1i1.14
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