Legal rules for gaining ownership of treasure in common real estate -Comparative study-

Thannoon, Nada Mahmood

doi:10.37651/aujlps.2024.149041.1241

	Legal rules for gaining ownership of treasure in common real estate -Comparative study-
Journal of Anbar University for Law and Political Sciences
Article 32, Volume 14, Issue: 1 part 2, June 2024, Pages 838-864 PDF (884.77 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.149041.1241
Author
Nada Mahmood Thannoon^*
College of Law-University of Mosul
Abstract
Treasure is a valuable movable item that was found and whose owner is not known. The Iraqi legislator generally regulated its provisions in Article (1101) of it that it belongs to the owner of the property if it is owned, to the state if the land is princely, and to the endowment authority if it is endowment unless anyone can prove ownership of it. The issue that may raise many legal challenges, disputes and questions is whether this treasure is found in a property jointly owned by several partners, what is its ruling and to whom will it be transferred? Will the text of this article be sufficient to explain its provisions? Especially since ownership has its common provisions. It is, as we know, a special type of ownership with its own provisions that distinguish it from others. Therefore, the Iraqi Civil Code and other Arab civil laws have texts that clarify their provisions to address the problems and disputes they raise. Therefore, we find that the text of this article is insufficient to explain the legal provisions related to treasure found in a common property, and the matter needs to be organized by adding legal texts specific to the subject or amending the existing texts.
Keywords
Treasure; ownership; real estate; common; portion

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