The Real Leasehold Interest of the Tenant in the English Law/ An Analytical Comparative Study in the Iraqi Civil Law

The Real Leasehold Interest of the Tenant in the English Law/ An Analytical Comparative Study in the Iraqi Civil Law

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The leasehold interest is considered, as a general COCONUT rule, a personal right under the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts.It is worth-bearing in mind that this law recognized nine types of contract for lease, the most of which create personal rights, that is to say, term of years absolute or fixed-term leases, tenancy at will, tenancy at sufferance, equitable lease, tenancies by estoppel, and perpetually renewable lease contracts.Whereas only three of them, that is to say, periodic tenancies, PS-100 leases for life, 999-year leases create real rights, represented by temporary property ownership.

As the Iraqi civil law No.(40) of 1951, supported by majority of Iraqi jurists, considered the leasehold interest as a personal right, although the amended Iraqi land tenancy law No.(87) of 1979 tended more towards real than personal right.