Judicial expertise in real estate disputes

Abdullah, Makki Saleh

doi:10.63677/jqlap.2025.191177

	Judicial expertise in real estate disputes
AL-Qadisiya Journal For Law and Political Sciences
Article 44, Volume 16, Issue: 2 part 2, December 2025, Pages 911-930 PDF (910.78 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.191177
Author
Makki Saleh Abdullah
Abstract
Judicial expertise is considered a technical tool that supports the judiciary but does not constitute binding evidence in itself, as the court retains discretionary authority to accept or reject the expert’s report based on its own conviction. The nature of real estate disputes—often involving issues such as boundary determination, ownership verification, and property valuation—highlights the growing need for precise technical expertise to assist the judge in reaching a fair ruling. The Iraqi Law of Evidence No. (107) of 1979 regulates the procedures of expert testimony in Articles (135–139), covering appointment, notification, and evaluation. However, judicial practice has revealed certain procedural gaps in its implementation. The law also permits the court to engage experts at the state's expense, with costs recoverable from the losing party- striking a balance between ensuring justice and managing litigation expenses. The research concludes that while judicial expertise has a clear legal framework, it still requires further development in terms of organization and oversight, especially in light of the increasing complexity of real estate disputes and the inconsistency of expert reports.
Keywords
Judicial expertise; real estate disputes; expert report; Law of Evidence; evidentiary weight; court

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