محاكمة النصوص الناظمة لتسقيف الرصيف: دراسة تحليلية في قانون التسجيل العقاري العراقي

الملخص EN

If the sidewalk, which is the part of the street for pedestrians, located as a corridor along its sides according to planning and engineering standards, and which separates pedestrian traffic from vehicle movement, to limit the interference between their two movements, and to provide a safe space for pedestrians, in addition to what it provides for its service for other purposes, Municipal property is public ownership and earmarked for public benefit, the berth space is owned by the municipality and designated for public benefit, depending on its origin (pavement land), given that the ownership of the land includes what is above it to the useful extent, and general rules are decided.

The sidewalk space is the space corresponding to the boundaries of the sidewalk land and extending from it higher, from which the municipality's utility ends at the limit that exceeds the necessary for the sidewalk to perform its prescribed functions towards its users.

With the end of the actual use of the owner (the municipality) from the space of his property (the sidewalk), its use begins by force, so that the law allows it to sell the space on the sidewalks of the streets to the owners of the properties overlooking and adjacent to the sidewalks for the purpose of using it in the building extending from the upper floors of their property buildings to expand the area above the sidewalk.

So that this constitutes a roof over the sidewalk as a legal exploitation of its space by purchasing that is documented in the real estate registry records in the names of those owners, and that is beneficial to all parties.

From the municipality, owners and users of the dock.

However, the legal regulation of pavement roofing raises in some of its provisions legal structural arguments, and visions that its legislator did not notice or noticed in a different way, and this is what we sought in the research to try to access it in a brief trial that we evaluate for its texts to diagnose its defect and prescribe to him a remedy from the law we see