The Legal Basis For The Lawsuit To Stop New Business

Jadaan, Rania Ibrahim; ALJAYYASHEE, Assad FADHIL MANDEEL

doi:10.63677/jqlap.2025.184994

	The Legal Basis For The Lawsuit To Stop New Business
AL-Qadisiya Journal For Law and Political Sciences
Volume 16, Issue: 1 part 1, March 2025, Pages 413-430 PDF (934.56 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.184994
Authors
Rania Ibrahim Jadaan^* ¹; Assad FADHIL MANDEEL ALJAYYASHEE²
¹College of Law / University of Al-Qadisiyah
²كلية القانون في جامعة القادسية
Abstract
The subject of a lawsuit to stop new works is not an infringement, but rather works that, if completed, would become a violation of possession, as if a person began to build a wall, if it was done to block the light or air on his neighbor’s view, then the neighbor files this lawsuit before the wall is completed, requesting that the construction be stopped, and the judge may, as he sees fit, either order the stopping of the works. In both cases, the judge may order the provision of an appropriate guarantee to guarantee compensation. The wisdom of the legislator behind this protection is evident in the stability of the apparent legal conditions and not allowing room for rights to be exercised by force or coercion. The law has allowed the possessor three lawsuits that he can file to protect his possession from the assault that has befallen it, or that will befall it, as the purpose of filing these lawsuits varies depending on the type of assault. The lawsuit to prevent exposure is to ward off an assault that did not reach the point of removing the hand, while the lawsuit to recover possession is to ward off an assault that has reached its most severe level.
Keywords
possession lawsuit; new business; potential interest; holder; tenure period

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