Impediments of Common Property Removing (A comparative study)

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.