The legal regulation of the accessories of a thing in civil law: a comparative analytical study

Volume 20 , Issue 2 , August 2019 , Pages 249-260

Authors

محمد شاكر محمود 1 ; عامر عاشور عبد الله 1

1 قسم القانون - كلية القانون و العلوم السياسية جامعة كركوك

DOI logo 10.17656/jzsb.10891

Keywords

Abstract

The attachments of sold items are not yet organized by the Iraqi Civil Code in a general rule nor in a specific concept. Rather, many concepts were used in this regard whether regarding personal rights or rights in rem. Firstly, the term “attachment” was used, but also the term “minions” was secondly used. Similarly, the term “inclusions” was included, however, the term “appendages” was simultaneously adopted. Furthermore, the above kinds were exemplified in this code not exclusively but as examples. As a result, it was deduced that the criterion of determining the attachments of sold things is, in principle, the parties’ mutual consent if such an agreement was agreed about, if not, then custom must be brought to application. However, if there was no applicable customs, then the determination of such attachments must be counted on the basis of the nature and kind of the sold item. Moreover, it was concluded that the attachments of the sold item are distinguishable from both simple or essential parts of it, especially the latter, in terms of being incapable to detach from the item unless of course being prone to damage, change or spoilage. A similar approach can be reached with regard to the distinction between products and fruits of the sold item on the one hand, and the attachments of the same item on the other hand. In this study, we have also addressed the attachments of the sold item in the field of personal rights such as sale and lease contracts. It is finally deduced that the rule applied to determine the attachments of the sold item is to be considered as a complementary rule. Accordingly, this rule is definitely optional and then the parties have the right to agree otherwise.

References

  1. ︎ ︎
  2. ︎ ︎ ︎︎ ︎ ︎ ︎ ︎ ︎ ︎ ︎ ︎︎
  3. ︎ ︎ ︎ ︎ ︎
  4. ︎ ︎ ︎︎ ︎
Statistics
  • Article view448
  • Downloads2
  • Published at20 August 2019

  • RIS
  • BibTeX
  • EndNote
  • Mendeley
  • APA (7th edition)
  • MLA (9th edition)
  • Chicago
  • Harvard
  • IEEE
  • Vancouver