(The Iraqi Judiciary Modern Approach in the Sanction of Property Ownership Infringement)

Yahya, Ahmed Jassim; Abd, Diraa Hammad

doi:10.37651/aujlps.2024.148837.1237

	(The Iraqi Judiciary Modern Approach in the Sanction of Property Ownership Infringement)
Journal of Anbar University for Law and Political Sciences
Article 30, Volume 14, Issue: 2 part 2, December 2024, Pages 799-829 PDF (760.57 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.148837.1237
Authors
Ahmed Jassim yahya^* ; Diraa Hammad Abd
College of Law / University of Fallujah
Abstract
Since 2019, the Iraqi judiciary has decided to award one-time compensation instead of the equivalent rent determined by law, and it was considered as a fixed principle to work on, especially in the decisions issued by the Federal Court of Cassation in cases in which the illegitimate owner is one of the official departments for implementing their projects, which it is technically described by its extension across the real estate and lands of others over small areas and relatively long distances, which can be called projects with a strip extension, without basing its rulings and verdicts on the law or justifications consistent with sound legal logic, which raised many issues that cannot be solved. We concluded from this matter that this approach of the Iraqi judiciary does not achieve what the Iraqi Constitution required of the sanctity and maintenance of private real estate property, nor is it consistent with what the laws required of the obligation to award an equivalent wage, which is equivalent to the benefits of the property lost to its owner. We have recommended the necessity of legislative intervention to address this case with the hope that the esteemed Federal Court of Cassation will reverse that approach
Keywords
Property Equivalent Rent; Property Sanction; Judiciary Approach to Guarantee the Benefits of the Property

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