الطبيعة القانونية للحق المتنازع فيه في القانون المدني العراقي

الملخص EN

The financial right takes several legal natures, it may be separated right, or common one, but there is a legal nature may differ from the two previous natures such as disputed right.

We will try in this research to clarify and define the legal nature of this right, within the scope of Iraqi Civil Law.

Through research, we found: that legal nature of the disputed right according to the texts of Iraqi Civil Law, approaching to the (Overall Know), which touched it in details by the Islamic jurisprudence, and the legal nature that have been adopted does not differ from the legal nature of the separated right, all there, that the powers of the owner will be freezed in the duration of the conflict, and finally we suspect the validity of label (disputed right), and we suggested alternative name in the form of (disputed legal centers), to get rid of the problem of determining the right holder during the conflict.