Baghdad /Zaid Ala'aragi
The housing crisis in recent decades have exacerbated the division and sale of agricultural land within the basic design of the city, while judges stressed that this phenomenon have largely contributed to the spread of slums in cities
In addition, a specialized judge presents several problems and disputes, most of which occur between the seller and the buyer because the Iraqi law sets a specific form for the sale of the real estate other than the sale of these agricultural areas
The sale of land does not take place legally, except through the Real Estate Registration Department, and in accordance with the form in Article 508 of the Iraqi Civil Code, unlike most of these sales which are in the form of correspondence and external contract belongs to the agreement of the parties. Proved by a non-governmental third party to be like a car sales contracts and others.
Commenting on this subject , Judge Ali Humaid Al-Alaq, Vice-President of Al-Karkh Appeal and Chairman of the Bayaa Courts Complex told the newspaper "Al-Qadhaa “these contracts are formative contracts and are not considered valid contracts for the transfer of ownership of a property or shares and are legally void and have no legal effect .
Al-Alaaq pointed out that the citizen in recent times and after making sure that these contracts are irrelevant , he goes to the courts to submit applications for approval of the sale to the owner of the bond or contract to sue the seller to approve the sale of part of the agricultural
land or specific shares of them.
Al-Alaaq explained that there are two forms of this approval either through the request of the direct approval submitted by the buyer or through a Case of ownership to the seller to approve his sale pointing out that the result of this Case is is dismissal because it lacks the conditions mentioned in Resolution No. 1426 of 1983, Transfer of property according to law
The Vice-Chief of the Appeal affirmed that the legal effect of these approval on the validity of their statements is determined by guaranteeing the financial obligation between the two parties, and allows the buyer to refer to the purchase and not to transfer the property sold to him and return the situation to what was before the purchase, The approval considers confirmation from the seller to the sale of specific shares of agricultural land
Al-Aalak confirmed the external offices even if confirmed the approval it is one of the editorials that can not be implemented because they are not editors and enforceable provisions based on the Article 14 of the Implementation Act No. 45 of 1980
From his part, Judge Hatem Jabbar Al-Ghurairi, Chairman of the Courts Complex of the session to the Al-Qadaa Magazine in the last period common among the owners to establish this type of cases in the First Instance Courts in Al-Dora and Al-Bayaa heavily, where Article 145 of the Code of Civil Procedure allowed him to require from Summary Court An invitation for the person attributed to him this bond to approve that it is by his line or by a stamp or fingerprint, although the obligation is not worthy of implementation
Al-Ghurairi added that the approval obtained by the buyer of the property under the sale pledge that he presents to the court for approval by the seller is a protective measures that seeks reject the denial of the signing the bond in the future if a judicial dispute arose between them for any reason. A judgment against the opponent shall then be obtained by the content of this editor from the court after a case has been raise in the Court of First Instant This is what is currently happening by the buyers of land where the Cases are raised or the request against the seller to regulate the land situation in the future in the event of any change in terms of financial value or the class of land sold if converted to the residential
Al-Ghurairi confirmed that the conversion of the land from agricultural to residential is not within the specialization of the judiciary. Articles (379,280,281) of the Real Estate Registration Act No. (43) of 1971 set the authority assigned to transfer the land's class,which to be connected to the Ministry of Justice
Regarding the spread of the phenomenon of selling and dividing agricultural land, Al-Ghurairi added that many negative aspects surround the spread of this phenomenon, which spread remarkably as the owners of these lands with large areas divided this area of agricultural land into small pieces to sell them by external contracts to the citizens to establish residential houses up The area of the agricultural land is overlapping and adjacent to the residential neighborhoods and the land with the residential classification, which allowed the purchasers of these small areas of agricultural land to set up residential