الإبطال القضائي لقيود الملكية العقارية الخاصة

الملخص EN

The right to property is an original in-kind right, which was stipulated by the Iraqi legislator in Article (68) of the Iraqi Civil Law No.

40 of 1951, and the other rights in kind derived from it, and is considered one of the most important rights; Therefore, the legislator took care of organizing its provisions, and designating the means to protect it from the attacks that affect it, and perhaps the most important of these means is the annulment of real estate restrictions that were based on registering them in violation of the law, and these violations are multiple and varied, such as the use of fraud and fraud in the procedures for registering the Iraqi registry or relying on documents Falsity results in the release of the real estate bond, and in front of these violations, the Iraqi legislator was only in front of and created two types of revocation, one of which is administrative and the other is judicial, and whatever questions arise from them except that the result and the effect achieved by both are one, namely, the revocation of the registration and restoration of the situation to its previous era.

The issue of the existence of this protection lies in the legislator's desire to find a way for him to preserve and protect the rights, as well as his goal in stabilizing real estate transactions that have a primary role in attracting real estate investment.

This study sheds light on the judicial real estate registration invalidation in terms of its concept and the cases that respond to it, as well as the legal effects that result from it, and this type of invalidation has been known to most legislations in the countries of the world; Because the restriction has one, not two, contrary to what is used in Iraqi legislation that specifies the jurisdiction of the judiciary to nullify the real estate restrictions that have acquired its final form, but in the event that it does not acquire the final form, the nullification is from the Minister of Justice's share; According to the provisions of Article (139) of the Iraqi Real Estate Registration Law No.

43 of 1971 amending in force.