ISSN: 2265-6294

Effects Of Material Exposure Issued by Management to The Lessee

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Amer Ashoor Abdullah,Sabaa Yahya Younis Al-Obaidi

Abstract

Undoubtedly, the obligation of the lessor to guarantee exposure is one of the most important obligations entrusted to him. The administration is often exposed to the tenant in fulfilling the intended benefit from the contract without being based on a right of its own. Rather, it is subjected to material exposure with its powers for the public interest, such as decisions to impose curfews or decisions to develop the public facility. Thus, the lesseeā€™s use of the leased property is disrupted, or he is deprived of the use of the leased property. And that the exposure may be within the limits of the law or outside the limits of the law when the authority abuses its right. And as it is known that the lessor does not guarantee the material exposure issued by third parties. But he bears the consequences, and this results in cases of recourse, so the lessee can have recourse against the lessor and the administration. And that the Iraqi legislator did not organize the effects of this exposure in special texts, so confusion arises in the reference when referring to the general rules. Especially since the Iraqi legislator did not regulate the material exposure issued by others except in the case of forcing.

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