Legal Classification of State Funds

Rasheed, Saba Noaman; Al-Marsoumi, Inas Mu&amp;#039;ayyad Jassim

doi:10.37651/aujlps.2025.166779.1670

	Legal Classification of State Funds
Journal of Anbar University for Law and Political Sciences
Article 8, Volume 16, Issue: 2, June 2026, Pages 165-198 PDF (899.68 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2025.166779.1670
Authors
Saba Noaman Rasheed^* ¹; Inas Mu'ayyad Jassim Al-Marsoumi²
¹College of Law-University of Baghdad
²University of Baghdad / College of Law
Abstract
The state possesses diverse assets, which may be fixed assets or movable assets. Regardless of their type, these assets are divided into two categories: public assets, also known as the public domain, and private assets, also known as the private domain. Generally, public assets owned by the state are subject to the provisions of public law, unlike private assets owned by the state, which are subject to the provisions of private law. However, private assets owned by the state are exceptionally subject to the provisions of public law in cases stipulated by law. One such case is when the legislator equates them with public assets in the event of an encroachment upon them. In such instances, the competent authority, as defined by law, is empowered to issue a decision to remove the encroachment, exercising its public authority without resorting to civil courts to remove the encroachment. State funds, in general, play a significant and prominent role in the development process of any country in the world. This concern has been present in the consciousness of nations since ancient times and has garnered the attention of human civilizations, both ancient and modern. A state's strength and dominance are often measured by its real estate holdings.
Keywords
State funds; funds; legal entity

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