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May 7, 2026Journal of Anbar University for Law and Political Sciences0 citationsOpen Access

Legal regulation of the life estate right - a comparative study

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IAInas Abed

Key Points

  • To analyze the regulation of life estate rights in Moroccan and Iraqi law, focusing on their definitions and legal structures.
  • Comparative analysis of property rights in Moroccan and Iraqi legislation.
  • Examined the life estate right as outlined in the Moroccan Code of Real Rights.
  • Review of the Iraqi Civil Code for the absence of life estate provisions.
  • Identified life estate rights as temporary, ending upon contract expiration or due to other reasons.
  • Highlighted that Moroccan law introduced this right, while Iraqi law lacks specific regulation.
  • Discussed the importance of Islamic jurisprudence in conceptualizing and defining life estate rights.

Abstract

Exploiting the benefit of the property and investing in it, the life estate right was organized, which is a real estate right that is created by a contract and requires registration for its validity, otherwise it will be invalid. This right is also temporary and ends at the end of the period specified for it by the contracting parties and other reasons.The life estate right is one of the legal innovations organized by the Moroccan legislator in the Code of Real Rights, unlike our Iraqi legislator in the Civil Code, which was devoid of organizing this right, contenting itself with the real rights provided for in Article (68) of the Iraqi Civil Code.Islamic jurisprudence was also the first to organize this right in terms of concept and provisions and to address it in the subject of the gift. To shed light on the concept of this right and to explain its effects and reasons for its expiration, this study was conducted.

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Cite This Study

Inas Abed (2025) studied this question.

synapsesocial.com/papers/69fbe357164b5133a91a2a89https://doi.org/10.37651/aujlps.2024.154762.1379
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