Subordination Relationship and its Applications within the Scope of the Obligation’s Transmission

Comparative Study in Civil Law

Abstract

The subordination relationship exists in the Iraqi civil law in many legal texts, and in different applications, including the subordination of rights and obligations. This is because the concept of subordination obligations includes every obligation that does not exist independently, but rather its existence is based on an original obligation that revolves with it existence and non-existence, validity, nullity, transition and expiration, this is based on the rules of (subordinate is subordinate) and (subordinate does not singularly rule) . And the dependency relationship between the original obligation and the accessory obligation, makes the original obligation the main and effective influence in the subsidiary obligations, so that the accessory obligation follows the original obligation in its transition and stability, and if the original obligation is transferred and has rights or obligation to follow it, it follows it in moving in; Because it is related to it. And then there is the general rule in the Iraqi civil law that the personal rights and obligations are transferred with the thing transferred from the custody of the predecessor to the responsibility of the special successor if certain conditions are met, and this is considered an application of the idea of ​​subordination. In addition to the special rules represented in the implementation of the transfer of subsidiary obligations according to the original obligation on which they are based. And since the origin is the transfer of rights and obligations as a subordinate to the obligation or to the original subordinate right, but there are some exceptions that the subordinate does not transfer by the transmission of the subordinate. This study came under the title "The relationship of subordination and its applications within the scope of the transition of commitment" with the aim of defining the meaning of the relationship of dependency and the nature of the relationship that arises as a result of that and the consequent provisions in the scope of the transition of commitment, and an attempt to frame the scattered applications within the framework of a general idea that includes: All of its applications and its return to its origins.