الاسترداد وآثرهُ في الحقوق المتنازع فيها (دراسة مقارنة)

Abstract

    In this study, we will discuss the recovery and its impact on the disputed rights. It is clear that the Iraqi legislator and other comparative legislation have permitted the sale of the disputed rights and the validity of its convening, and the recovery from the assignee (the buyer) does not conflict with it, according to legal articles related to the disputed rights in exchange for the debtor (the recoverer) returning The real price, expenses and interest of the price from the time of payment. As for the effect in terms of persons, there is a relationship between the assignee and the assignee against him, the relationship between the assignee and the assignor, and the relationship between the assignor and the assignor against him. As for the recovery of the disputed rights, the recovery settles the dispute on the subject of the right If the right is personal, and the existing litigation in it is cut off if the right is in kind.