The commonhold of buildings, floors and apartments in the English law:An analytical comparative study with the Iraqi civil law

Abstract

The commonhold of parts in buildings, floors, and apartments in English law is one of the types of real estate ownership that occurs on real estate built vertically, especially buildings, which are divided into groups of units such as apartments, offices, and shopping centers. The legal regulation of this type of common ownership in English law is relatively recent, introduced by the English legislator through the legislation reforming the system of ownership of common parts in floors and apartments and their long lease for the year 2002. This type of ownership is managed by a federation or association for managing ownership of common parts In buildings, floors and apartments, which undertakes to issue a statement known as the statement of the Common Parts Ownership Management Association. As for the Iraqi law, it regulated the ownership of common parts in buildings, floors, and apartments in two laws: the first is the Law No. 61 of 2000 regulating the ownership of floors and apartments in Iraqi buildings, and the second is the Real Estate Registration Law No. (43) for the year 1971, which included the system of ownership of floors and apartments in Articles ( 290-297) from him. At a time when the Iraqi Civil Law No. (40) of 1951 included the system of upper and lower in Articles (1082-1086) thereof.

Keywords

• commonhold,,
• ,،,؛commonhold association,,
• ,،,؛ombudsman,,
• ,،,؛statement