Contract for The Sale and Purchase of Vehicles in the Iraqi Traffic Law in Force between Formalism and Invalidity

عقيل عبد الحمزة كزار الخالدي

Article Details

Contract for The Sale and Purchase of Vehicles in the Iraqi Traffic Law in Force between Formalism and Invalidity

Authors:

عقيل عبد الحمزة كزار الخالدي

Publisher:

University of Babylon

Journal:

مجلة جامعة بابل للعلوم الانسانية Vol.26 Issue 2, pp.34-54

Document Type:

Article

Publication Date:

1/2018

Document Language:

English

Document ID (Org No.):

2001384113

pISSN:

2617-0906

Keywords:

Abstract:

 Sale contracts of vehicles in the traffic modified law no.(86) for year 2004 lie in two types, intact contracts due to complete formality enacted in the fifth section of the above mentioned law related to seller and buyer present in front of the officer of registering the vehicle and confession of conveying the possessing of the vehicle, paying formal fees by both parties inside the registering offices ( internal registering) or outside the registering offices (external registering) by transferring of the registering officers to the residence of the seller in case of humanitarian necessity after get the agreement of the minister of interior or his deputy up to the (4/5) item of same above mentioned rule or the agreement of the manager of the collection up to the item (77) of the instruction of registering vehicles and driving licenses no(1) of the year ( 2009) and invalid contract due to not including the formality enacted in the above mentioned section of traffic law and are called external rules either signed by the local contractor called as external normal contracts or by the car exhibition or the by the local bureau which is accredited by the traffic directorate and called by external traffic contracts, and adding kind of formality for these invalid external contracts up to the above mentioned instruction so depending upon them and incurring it with fees in unreasonable because it worsen the complication and routine in procedures.
Through this research the importance of the sale contract of vehicles has turned out via shedding lights on it within the modified Iraqi civil modified rule of no.( 40) of the year ( 1951) going through the rule of no. (58) for the year ( 1987), the traffic modified abolished rule of ( 48) of the year (1971) and finally the modified traffic rule of ( 86) of the year ( 2004), we referred to some Iraqi rules which is related with the research's subject sustained with several verdicts of Iraqi courts via applying a plan includes a preliminary request in the historical development of sale contract, basis and conditions of this contract, and two sections, first one was specified to the formality of this contract of sale and the second one for the invalidity of such contract, then an epilogue included most important conclusions and suggestions that we have come up with plus a list of references and an abstract with Arabic language and English.

Article Details

Contract for The Sale and Purchase of Vehicles in the Iraqi Traffic Law in Force between Formalism and Invalidity

Authors:

عقيل عبد الحمزة كزار الخالدي

Publisher:

University of Babylon

Journal:

مجلة جامعة بابل للعلوم الانسانية Vol.26 Issue 2, pp.34-54

Document Type:

Article

Publication Date:

1/2018

Document Language:

English

Document ID (Org No.):

2001384113

pISSN:

2617-0906

Invalidity

formality

sale contract

external contract and sale of vehicles

Issues

Article Details

Contract for The Sale and Purchase of Vehicles in the Iraqi Traffic Law in Force between Formalism and Invalidity

Authors: عقيل عبد الحمزة كزار الخالدي

Publisher: University of Babylon

Journal: مجلة جامعة بابل للعلوم الانسانية Vol.26 Issue 2, pp.34-54

Document Type: Article

Publication Date: 1/2018

Document Language: English

Document ID (Org No.): 2001384113

pISSN: 2617-0906

Invalidity

formality

sale contract

external contract and sale of vehicles

Issues

Authors:

عقيل عبد الحمزة كزار الخالدي

Publisher:

University of Babylon

Journal:

مجلة جامعة بابل للعلوم الانسانية Vol.26 Issue 2, pp.34-54

Document Type:

Article

Publication Date:

1/2018

Document Language:

English

Document ID (Org No.):

2001384113

pISSN:

2617-0906