The concept of a contract for the sale of residential units in investment complexes

Abstract

This study examines the sale contract for residential units in investment complexes, a newly introduced contract imposed by urban and economic developments in Iraq. Its importance has increased with the expansion of reliance on investment projects to address the housing crisis and, simultaneously, support real estate investment. The study focused on defining this contract, its subject matter, and its legal nature, highlighting the specificity given to it by the Iraqi judiciary through its jurisprudence, in the absence of an explicit legislative text defining this nature.

The study demonstrated that this specificity stems not only from the contract's association with an investment license or its reliance on installment financing, but also from its role as a primary tool for implementing the objectives of the Investment Law, which seeks to attract capital and foster a stable investment environment. Therefore, obstructing the implementation of these contracts, delaying their registration, or terminating them without clear regulation leads to confusion in projects and threatens confidence in the real estate market. The study concluded with a set of findings and recommendations, most notably a call to develop legal texts and regulate these contracts in particular, as they guarantee the protection of buyers' rights and maintain the stability of the investment process.