القيود القانونية للملكية في ارتفاقات المواقع الأثرية : دراسة في قانون الآثار و التراث رقم 55 لسنة 2002

الملخص EN

Heritage sites are an expression of the history of every nation and an integral part of the culture of society.

These sites embody a nation's historic and cultural richness in addition to their cultural, scientific, and economic significance.

There is no doubt Iraq, from north to south, is abound with heritage reflecting various cultures over the years.

Iraqi historic sites have been in the spotlight lately after some of the Country's historic symbols were destroyed by terrorist groups.

The terrorist attacks created a fragile security situation which encouraged some individuals to encroach upon such sites.

However, the most significant threat facing our historic treasures is an internal not external one – the construction movement.

Lack of awareness and appreciation of heritage among many persons has cost us many important heritage sites.

The significance of this paper lies in that it tackles an aspect overlooked by many.

Legal studies on ruins are not only few in number but also focus only on criminal not civil protection of such sites.

It is known that imposing legal restrictions on owners of nearby properties is an easier, faster way of providing protection – which calls upon us to examine this issue from a practical, realistic angle.

Thus, this paper aims at providing civil legal protection by implementing the rules of the easement law on properties adjacent to heritage sites.

Property legal restrictions made in favour of heritage sites imply the philosophy of easement rights in terms of burden and benefit as they provide for limiting the benefit of one property for the benefit of another, whether such restriction is provided for by law or an agreement.