A master's thesis in the College of Law at the University of Basrah discussed the forced sale of real estate.
The thesis presented by the student, Ali Jassim Muhammad, included a statement of the scientific importance of the subject of the research in terms of the position occupied by this type of sales, since the public authority is the one that carries out the forced sale of real estate as it is one of the means of compulsory implementation when the debtor fails to pay. The financial policy of the state is therefore necessary to research this subject on its particles.
The thesis aims to identify the different jurisprudential opinions about the legal conditioning of the forced sale of real estate. Some categorize the forced sale of real estate as a contract, others say that it is a legal procedural act, while others see that the forced sale of real estate is not a judgment of a judicial decision that has its obligations and reasons on which it was based. While the decision of the Iraqi legislator that the forced sale of real estate in the manner of public bidding is whether the sale is forced or optional based on Article (89) of the Iraqi Civil Code.
