Litigation for the dissolution of partnership: Comparison between Iraq and Turkey

The Iraqi Civil Code was principally drafted by Abd El-Razzak El-Sanhuri, a French-educated Egyptian jurist who was also the principal drafter of the Egyptian Civil Code. In 1943, almost a decade after the push for a comprehensive modern code began in Iraq, Al-Sanhūrī was invited to Iraq by the Iraqi government and asked to complete the Civil Code. Working as the chairman of a committee of Iraqi jurists, using the Egyptian Civil Code as a model, he completed a draft of what would become the modern Iraqi Civil Code. The Iraqi Civil Code was enacted on September 8, 1951 and became effective two years later on September 8, 1953. The Iraqi Code is based on the Egyptian and before that French Code Civil. Although it incorporates Islamic elements, its overall structure and substance is principally based on continental civil law. Therefore, it shares common substance and legal theory with other legal systems based on that model such as Egypt, France, Ethiopia, Spain, Italy, and the state of Louisiana. The Iraqi Civil Code is divided into a preliminary part and two main parts, each main part composed of two books. The preliminary part contains definitions and general principles that find application throughout the rest of the code. Part I of the Code and its two books address obligations in general and subelements of that area of law, such as contracts, torts, and unjust enrichment.Part II and its two books address property, ownership, and real rights. Our dissertation paper consists of one introduction and second more chapter; while the subject of the dissertation is presented in introduction, its importance and limitation are discussed. The first chapter of the partnership in Turkish law to the cause of the elimination, in the second chapter, under Iraqi law, a partnership and the partners in relation to this to be fixed in the case of rights, a court officer, and discussed issues such as the termination of the partnership. Similarities and differences between both legal systems in relation to Litigation for the dissolution of partnership were disclosed and opinions regarding both legal systems were presented throughout the paper. Opinions we had during our investigations, are presented in the conclusions section of our paper‭, ‬the goal of thıs thesıs‭ ‬ıs to extract the sımılarıty between‭ ‬ıraq and turkey‭ ‬ın‭ ‬Lıtıgatıon For The Dıssolutıon Of Partnershıp . Keywords:Civil Code, Property, Collection ownership, Dismissal from the partnership, Litigation for the dissolution of partnership, movable and immovable property, Inheritance