عباس علي صاحب

Abstract

The simulation when respond to actions in general, and dispositions of real estate in question, in particular, raised and still a legitimate, legal and social problems, because the contract will, when they are a sham disguised and non phenomenon has aimed at achieving the goals and purposes of illegal mean them harm the rights of others or circumvent legal texts jus. So the majority of the legislation have adopted moot suit as therapeutic to address against legal actions moot so did not raise the problem with the legislation on the adoption of a lawsuit moot as a therapeutic in legal actions that respond to the transferee and even on the property before it is recorded in the relevant department, as well as the position of jurists did not find it in facilitate our books jurisprudence of snapping out, but the problem raised in Moot actions that respond to the drug after recording the disposition of the competent department, the odds jurisprudential raised in connection with the effectiveness of the lawsuit moot as a therapeutic actions of real estate to a two-way where the first direction believes that the use of a lawsuit moot lead to destabilize transactions in the behavior of real estate and this they refuse to use therapeutic means in acts of real estate has based it on to several arguments and grounds public and private demonstrate that, by contrast, sees the second direction of Fiqh that the use of a lawsuit moot lead to the achievement of justice in the conduct of real estate and are therefore in favor of used as a therapeutic in acts of real estate has based it on to several arguments and grounds public and private demonstrate, this is the part of the other side was not the position of comparative legislation and clear some Vscott and rejected by others are not clear, but it was purely problematic in determining the scope of rejection of the interpreted by the Fiqh broad scope and between the interpreted by the narrow scope and the Iraqi Fiqh particularly wide resonance in the difference in interpretation, and this difference on the level of jurisprudence and legislative reflected turn on Applied practical side, which represents the comparative judicial position as it is also not spared from difference and this is due to the availability of several difficulties, including what is due to the sham nature of which is attributed to determine the scope of evidence, including what is due to the authoritative evidence in the behavior of real estate, was for all of these difficulties that constitute an obstacle to the discretionary authority enjoyed by the judge.                    

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