Legal system of the common wall (comparative study)

Abstract

The study was on two sections which dealt in the first part with the concept of the common wall, where it was divided into three demands, we addressed in the first demand the concept of the common wall in the Iraqi, Egyptian and Jordanian legislation. In the second requirement we addressed the legal nature of the common wall and the proof of participation in it, The second part was devoted to the study of the provisions of the common wall, in which two demands addressed the first requirement to use the common wall, and in the second requirement, to ramp up the common wall and expenses of maintenance and repair.The study concluded with several findings:The common wall shall not be disposed of independently of the property, or the request for Division, as this would prejudice the purpose for which the common wall was prepared.The Jordanian legislator made the common wall of easements, unlike the Iraqi legislator, which made it one of the most common property images.The Iraqi and Jordanian legislators have come out on the basis of the evidence in the area of proof of ownership of the common wall, but rather as a presumption that facilitates proof of participation in the wall (a rebuttable presumption of law).