Abstract:
The basic principle is that partners have the right to request the removing of common property
among them, however this right may collide with some cases that are the presence of a legal
text or condition that compels the partners to remain in the common property temporarily
or permanently, and these cases are called impediments of removing common property.
Although the laws touched on the regulation of legal provisions for these impediments,
there is a legislative deficiency in those provisions regulating impediments to removing
common property, which may be caused by the lack of specifying its scope and mixing it
with the impediments to dividing common property, so one of the objectives of the research
was to explain the impediments to removing common property, and defining its scope in
the light of the provisions of Iraqi and Bahraini law in accordance with the comparative
analytical method, and we reached within the research a set of conclusions from them that
every impediment to the removing of common property is impediment from dividing, but the
impediments of dividing are not impediments of removing common property. To expand on
the topic of this research, we have suggested several recommendations to amend the legal
texts related to the topic of research in both Iraqi law and Bahraini law.