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March 27, 2026AL-Qadisiya Journal For Law and Political Sciences0 citations

The idea of transformation An analytical study in civil law

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KMKarmanj Muhammad Amin MuhammadIHIsmail Namiq Hussein

Key Points

  • The research aims to analyze the concept of transformation in civil law and its implications.
  • Used an analytical approach to study transformation in civil law.
  • Compared transformation with concepts like modification and subterfuge.
  • Evaluated legal texts and rules related to transformation.
  • Transformation serves as a foundation for various legal rules and solutions.
  • Iraqi civil law incorporates transformation across personal and real rights.
  • Legislator established specific conditions for implementing transformation.

Abstract

In writing this research, we followed an analytical approach to studying the idea of transformation in civil law. We presented the concept of this idea and explained its advantages. Then we compared this idea with other legal ideas and concepts, such as modification, subterfuge, substitution, interpretation, and adaptation. In the conclusion of this research, we concluded that the idea of transformation, as one of the ideas adopted by the legislator, has become the basis for a set of texts, rules, and legal solutions, such as the rules regulating the transformation of a contract, the transformation of a hand, the transformation of an obligation, the transformation of implementation of an obligation, and other rules and provisions. In civil law, the Iraqi legislator has adopted the idea of transformation in more than one place, in personal rights as well as real rights, and in order for the implementation of this idea to lead its achievements and goals, The legislator stipulated conditions for each case, as its clear in the transfer of contract, transfer of hand, transfer of possession, and others. We also found that the main goal of adopting and implementing the idea of transformation is for the legal reality (the legal event in general, regardless of its type) to have a better effect rather than having no effect, in application of the rule: implementing the speech is better than neglecting it.

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Cite This Study

Muhammad et al. (2024) studied this question.

synapsesocial.com/papers/69c6207d15a0a509bde18fa7https://doi.org/10.63677/jqlap.2024.183558
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