النظام القانوني لتمليك العقارات المتجاوز عليها : العراق أنموذجا

الملخص EN

Many legislations dealt with the phenomenon of overtaking the real estate and the resulting slums, most of which were for human settlements that contributed to the spread of inappropriate housing sites.

The treatment varied in form and details according to the legislative policy followed, whether international or national, as these treatments included a kind of solutions to suit the time stage on the one hand, and the circumstances of those who went beyond on the other hand.

However, this phenomenon continued to expand and the legislative treatments taken did not contribute to ending it.

Some countries have led to the adoption of other means consistent with urban planning of cities in various ways.

International legislation has adopted the provision and promotion of sustainable development for countries and cities through the United Nations Human Settlements Program (Un-Habitat) being authorized by the United Nations General Assembly within the social and environmental areas and is the link to all issues of urbanization and human settlements within the United Nations system designed to provide A suitable shelter for all.

As for Iraq, there were many legislations that were issued consecutively within different time phases consistent with the policy followed at the time by Iraqi governments since the establishment of the Republic of Iraq in 1921 and until now that have tried to address the existing abuses and limit their spread in the future, but the phenomenon of abuse Illegal, indiscriminate construction continued to expand in response to multiple causes and conditions, including economic, political, security, and social.

One of the most prominent solutions included in the laws and decisions issued in Iraq to deal with abuses, obligating the official departments concerned with owning the property in excess of it according to conditions determined by the legislation issued at the time to be ownership with or without an allowance.

These solutions are the focus of research on the issue of transgressing real estate, especially in the scope of the position of the Iraqi legislator, by focusing on two issues, the first of which is the content of the legislation, and the second is the requirements of reality and within the general principles of human rights.