The Faculty of Law at the University of Karbala discussed a master’s thesis tagged “legal regulation of home sale – a comparative study”
The message was submitted by the student Qasim Attia Hussein Al-Masoudi. The study aims to analyze the comparative legal texts that organized the home sale contract, especially the French legislation, which provided legislative protection for the parties to the consumption contract, especially the weak party in the contractual relationship (the consumer). And to benefit from the advanced legislative experiences in this field, which are characterized by the continuous development of the provisions of this topic and its various applications in the legislative and judicial aspects.
The study dealt with the provision of legal protection to the consumer by organizing the sales contract at home in a special law that provides the consumer with the right to slow down and return and thus maintain consumer satisfaction from haste and lack of haste in concluding the contract and arranging legal obligations on him and the professional (merchant) enjoys knowledge and economic status and strong financial and where consumers represent the largest segment of society, so protecting this segment has become a global goal that all countries strive to achieve.
The study concluded that the general rules are insufficient in providing the necessary protection for the consumer, and most Arab legislation, including the Iraqi one, in particular, is late in providing the necessary legal protection for the consumer, as the legal system must be in line with all aspects of social development in all its economic, social, legal and political aspects.
The study recommended the necessity of special legislation regulating the sales contract at home. It also called on the Iraqi legislator, when purchasing this law, to include the consumer’s right to slow down and think, and the right to withdraw from the contract and benefit from the experience of advanced comparative legislation in this field, which organized the home sales contract.
