The Social Function of Property Rights and Their Impact on Social Stability

Hammadi, Muhammad Abdul

doi:10.37651/aujlps.2025.166808.1682

	The Social Function of Property Rights and Their Impact on Social Stability
Journal of Anbar University for Law and Political Sciences
Article 39, Volume 16, Issue: 1, March 2026, Pages 1178-1205 PDF (898.88 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2025.166808.1682
Author
Muhammad Abdul Hammadi^*
Faculty of Law – Al-Maaref University
Abstract
The right to property is considered one of the fundamental rights guaranteed by constitutions and legal systems, owing to its significant importance as a true manifestation of the owner's authority over the subject of ownership—through use, exploitation, and disposition. However, granting this right unconditionally and without limitation inevitably leads to a conflict with the public interest, which constitutes the core of the social function theory of property rights. This issue raises several questions regarding the extent to which the concept of the social function of property contributes to societal stability in both legal and social dimensions, as well as the impact of the restrictions associated with this function on the essence of the right itself. Moreover, it invites examination of the legal and social consequences arising from its application, while highlighting the qualitative shift in the philosophy of ownership—from an absolute right to a restricted one. This study explores the concept of property and its connection to the social function and the limitations imposed upon it, which imbue it with a public interest character. All of these aspects are analyzed through a critical lens based on the principles of Iraqi law and comparative legal systems, in an effort to reconcile the imperatives of protecting individual property rights with the demands of the public interest.
Keywords
Social function; property rights; social stability

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