evaluation of the Iraqi legislators position on vehicle registration
Pages
74-102Keywords:
Abstract
The Iraq legislator has consistently required the observance of formality in major legal transaction, including the sale of vehicles, real estate, machinery, It goes without saying that vehicles play a vital role in people’s lives, particularly in the. transportation of individuals and goods. The formality required for the sale vehicles as stipulated by the Iraqi legislator ,is not an innovation introduced by the current Iraqi Traffic Law No.(8) of 2019,but rather it has its roots in the repealed Traffic Law No.(48)of 1971,which mandated the registration of vehicle sale contract with the competent Traffic Directorate as a formal requirement .This renders the contract a formal one, in addition to fulfilling the other essential elements of a valid contract, such as consent, subject matter and lawful cause. Failure to meet this this formal requirement results in the invalidity of the contract, rendering it null and void as though it never existed. This formality in contracts holds significant importance, reaching its peak when formality became an essential element in the conclusion of contracts, formality then became an exception rather than the rule, and to this day it remains an exception, as is the case with vehicle sale contracts in Iraqi legislation the evolution of formality has continued throughout the ages.
References
- References
- First: Legal Books
- -Abdel Dayem H, Formalism in Concluding Transactions (Dar Al Fikr Al Jami’i, / 2011).
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- Second: Academic Theses and Dissertations
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- Fourth: Foreign sources
- -charpentier E ,"Un paradoxe de la theorie du contrat : I opposition formalisme / consensualisme " ,(2002) Volume43,Number 2 ,publisher FacuIte de droit de I Universite Laval.
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- Fifth: Judicial decisions and publications
- A-Decisions of the Federal Court of Cassation
- -Decision No. 660/Civil Panel/2021 dated January 21, 2021, Hussein A, "The Approach of Justice from the Jurisprudence of the Federal Court of Cassation - Civil Division,"(Comparative Law Library / 2024).
- -Decision No. 54/Expanded Civil Panel/2022 dated February21,2022 unpublished.
- B- Decisions of the Court of Cassation of the Kurdistan Region (Unpublished)
- -Decision No.265 /Civil Panel/2025 dated March26, 2025.
- -Decision No.268/Civil Panel/2022 dated April10, 2022.
- -Decision No.240/Civil Panel/2025 dated April 10, 2025.
- Sixth: The Laws
- -Iraqi Civil Code No. (40) of 1951
- -Iraqi Traffic Law No. (48) of 1971
- -The repealed Iraqi Traffic Law No. (86) of 2004, which remains in force in the Kurdistan Region.
- -The effective Iraqi Traffic Law No. (8) of 2019.
- Seventh: Websites
- -Saleh A, "Transfer of Vehicle Ownership in Accordance with the Provisions of Traffic Law No. (8) of 2019" , (Supreme Judicial Council www.sjc.iq , published on 5/4/2021) accessed on 14/4/2025.
- - Decision No. 58/2025 by the Appellate panel/ Federal Court of Cassation (Supreme Judicial Council: www.sjc.iq, published on 22/1/2025) access on 12/5/2025.
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