الشرط المقترن بعقد الايجار ‏

THE CONDITION ASSOCIATED OF ‎THE LEASE CONTRAC

Prepare associated condition with lease contract from important topics in area law of civil, through this condition can the tenat from keeping interest legitimate for one of them whatever its kind, towards keeping of the paid, or correction rules of civil responsibility and others this matter who encourage the legislator of Iraq into a legal regulation of the condition associated with the contract in the article (131) from its  contracts area of freedom in the requirement while as appropriate with their wishes, but this wish in the requirement must be within of legal controls ,its must be available in this condition, its legal constituents which focuson it the law, and its necessary to be the condition matter for future, not present and not of past, and must be possible and not impossible, and must be showing don’t enter in formation of contract, as such as must be the condition order not done, and finally must be the condition order law maker and not against the law and public order and literature.

     Although from important this condition we notes the issue extent of permissiblility in the lease contract may be happen about it talking and difference in the opinion of scholars and the muslims, one of them not permissible from this conditions only pointed for it freedom of stipulation and nonJcopliance with legitimate of text.

     If include the condition associated with the lease contract one its will back right condition and arranging specific effect this items of this items of this conditions and part from parts it and must be work on it implementation for achieving the legitimate interest which called for his existence, and in case disruption of this condition will exposed the person will presents for law, the order who showing the importance this condition for the laws, although difference of this laws from side legal regulation for condition associated with the contracts , some laws refer it which special text, while the other settle for with roport about this condition without focus it with clearly manner, for the judiciary must check for the extent falsehood and with emitter for contract.

   If this not the condition it a motive to contract and prepare a condition not effective in the lease contract, but its falls the condition only and stay, the lease contract true, but هIf the falsehood condition was correct will it linked with side of reason in this condition and spoil this condition and spoil with it the lease contract.