Modernising Iraq : a legislative proposal to regulate timesharing agreements in Iraq

• Main Author: Al-Ali, Dhurgham Fadhil Hussein
• Other Authors: Owen, John
• Published: Bangor University 2017
• Subjects: 340
• Online Access: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.738050

This thesis seeks to provide the Iraqi legislature with a proposal to regulate the timesharing industry in Iraq. The aim of the primary research question of the thesis is to ascertain what features of legal regimes for timeshare are likely to provide the optimal system of a timeshare operation in any jurisdiction, from which a legislative proposal for Iraq will be suggested. In answering this research question, the thesis has analysed the problems associated with the timeshare market. The analysis of the problems has been done by consulting the European Timeshare Directives, European timeshare policy documents, key cases and relevant literature. This is to establish an evaluative framework from which a set of questions has been derived. These questions have then been used to carry out a functional analysis in respect of timeshare models which are in use in the common law jurisdictions of England and Wales and some of the States in America because a significant proportion of the world’s timesharing projects occur in these jurisdictions. The thesis has also considered the timeshare models which are in use in the civil law jurisdictions of France and Egypt as timeshare projects are prevalent in those countries, and also the Iraqi civil code is based upon the civil codes of France and Egypt. This is to determine the features of legal regimes which are likely to lead to the optimal system of timeshare in any jurisdiction. Once this has been achieved, the thesis will then move to assess the extracted optimal features in terms of compatibility to Iraqi law in order to make a legislative proposal for Iraq in respect of timeshare. This thesis is a doctrinal legal research, and it has largely used the comparative law methodology, as it is extremely useful for law reform in developing countries.