Applying The Rules of Civil Law in Debt Cancellation of the state

Abstract

This study tries in general to define and apply the rules of the civil law in order to find out a possibility of applying a "Personal Unity" in cancelling the debt of the state and the individuals in particular. It is to fill the gap in the financial legislations for regulating issues related to the taxes and public internal loan. In spite of including the loan in the regulations but the civil law disregards other related financial issues like the possibility of cancelling the debt of the state by restricting the debt and the liabilities to only one person "The personal unity" who is the person by himself shall be the debtor and the creditor. This individual shall undertake to repay the debt of the state. The Iraqi constitution 2005 (law in force) proves the necessity of regulating any issue related to the debt of the tax by a text of a law. So this personal unity shall be used to deal with the cancellation of the tax debts and the internal public loan by means of uniting of the responsibility and the liabilities under the procedures of the civil law which are regulated to fill the gap of the financial legalization.