Execution in kind of the lessor’s obligation to guarantee hidden defects in the lease contract

Abstract

The study of the subject of specific implementation in the lessor’s obligation to guarantee the hidden defects in the lease contract raises many disputes in the circles of jurisprudence and jurisprudence alike, and that the Iraqi Civil Code of the year 41 for the year 1951 in Articles (755,756) gave the right to the tenant to claim compensation if he suffered damage Now, the claim for compensation depends on the knowledge of the lessor or his lack of knowledge of the existence of a hidden defect in the leased property. The lessor, that is, he knows the existence of the hidden defect and not informing the tenant of it, but he did not refer to the right of the tenant to demand the implementation in kind, that is, to repair the defect that appeared in the leased property. On the provisions of the specific implementation of this commitment.