Abstract

   The (Serggofliyah) is the process by which the lessor or the lessee pays a sum of money outside the rental relationship in exchange for the other party giving up the benefit of the Real Estate under his possession.This transaction shall be in one of three forms: The lessee shall pay the sum to the lessor, or that the new tenant will pay the former tenant in the case of the sublease or waiver of the rent, or that the lessor pays the sum to the lessee.

   Iraqi Civil Code No. 40 of 1951 provides for the right to receive any sum outside the rental relationship whether by the lessor or the lessee. The Law of Real Estate Renting No. 87 of 1979, however, does not allow the parties to the lease contract and others to receive any sums outside the scope of the rental relationship.

     Article 21 of the latter law states that: “The lessor, lessee, broker or any other person may not obtain any money or interest outside the scope of the lease contract concluded in accordance with the provisions of this Law; this does not include what is entitled to a permissible auction of wages.”