الإطار القانوني للتعويض في قوانين هيئة دعاوى الملكية

الملخص EN

The illegal actions of the former Ba'ath regime had negative effects on Iraq and its people, and among these actions was the execution, deportation, or imprisonment of its sons for political, ethnic and religious reasons, and the source of their money.

In addition to this, the illegal appropriation or ownership of real estate by citizens.

After the fall of the Ba'ath regime, and in order to restore rights to their rightful place and compensate the aggressed, the Real Estate Claims Commission was established, which continued to organize its work three laws: Legislating Regulation No.

(12) of 2004, Law No.

(2) of 2006 and the current Law No.

(13) of 2010.

As long as the purpose of the existence of this body is to truly compensate the citizen, the legal importance justifies research in the legal framework related to compensation rules, which necessitates stopping to clarify the legal concept of this new formation that enjoys independence from the Iraqi judicial system.

As well as the legal mechanism that worked with it, as well as a statement of the legal basis for compensation? The mistake committed differs from the mistake made by individuals, then what are the characteristics of this mistake? So that it is covered by the law and compensation later, and was the above legislation comprehensive for all damages to the property? And if we know this, the issue of explaining the fairness of the foundations and the standard for compensation adopted by the legislator and the judiciary will emerge as the primary means of reparation for damage? .

This research and the important legal questions it bears will be done purely in light of a legal study based on the methodology of analyzing legal and judicial texts and showing the extent of their accuracy and their achievement of the goal of legislation.

The research divided into two sections: The first topic shows the legal concept of the Property Claims Commission, and the second topic discusses the legal basis for compensation.