Reading Law No. 56 of 2000 (Law Amending Real Estate Rental Law No. 87 of 1979

Abstract

Rental contract regarding as an important contract in individuals’ life , for this reason , the legislator stressed  and named it in separate name as well as supported it by special provisions as well as public provisions.

Iraqi civil code  No.  (40) 1951 dealing with provisions of rental contract in Article (846 through 722) , and also regulated it in details , but these provisions in now days not be harmonize with  society needs in rent real estate which prepared to life , for this reason the legislator insisted on prepared  special codes regulating this issue , like rental code for real estate No.  (87) 1979 and then made amendments on same  issue by code No. (56) 2000 , which made a huge of debates among the legal stuff.

The amendment which prepared by legislator in both of tow codes mentioned above was on acceptance element in rental contract only.

    We know , the civil law doesn’t accrue without this element as well as other element like the content of contract and the reason ,The acceptance element must be focusing on critical matters , like the place of rental contract , fee and the duration.  

By code (56) 2000 , made a crucial and critical amendment  in this issue , such as the first party (the owner) has not right to make changes in fees, and the rental contract will be continued while the second party still existence in same real states , as well as amendment like made provisions regarding with evocation.

This research focusing essentially on these amendments so as to make assessment to reach the right opinion to fix it accordance to our blended