الحسابات الخاملة و الأملاك المتروكة : دراسة في نطاق القانون العراقي

الملخص EN

The purpose of legislation is to protect the rights arising from activities and works, which are within the scope of the law regulating such protection.

Although this is the general rule, the legislator may provide broader protection than that even if these activities and works cease, for example, neglecting the bank account or some Deposits in the concerned banks are left by the owner or owner without interest for a long period without a withdrawal or deposit movement in the account, or making a transaction regarding other deposits, however legislation addresses this situation by achieving a balance between protecting the rights of the stakeholders, whether any of them is a natural person or Morally, and showed its keenness on the flow of banking business that is compatible with its commercial nature and its role in the field of economic development, by adopting the idea of protecting dormant or dormant accounts and abandoned or neglected properties coupled with achieving balance in the centers of the parties to the legal relationship.

The Iraqi legislator has specified the types of accounts that are inactive in a way that makes them within their exclusive scope, which is the cash deposit, which is divided into credit and non-moving current accounts that have not made a withdrawal or deposit movement, as well as non-moving savings accounts that have not made a withdrawal or deposit movement.

As for the second type of dormant accounts, it is the balance, which is divided into the balances of the reserved amounts as well as the balances of the deceased persons.

As for the abandoned properties, they also came within the exclusive census of the Iraqi legislator, and the intended properties can fall within the scope of real estate and movable.

Dormant accounts and abandoned property are subject, according to what the Iraqi legislator has adopted, to special rules that include provisions related to the fulfillment of the conditions for their approval in accordance with that description, and the procedures and consequences arising therefrom for their parties, whether the creditor or the debtor.

before the depository, and these procedures represent successive stages that must be observed based on a mechanism determined by the competent legislation and of a formal nature.

The term, notification, deposit and the content of its details shall be determined by the provisions established by law.

Dormant accounts, abandoned and stagnant properties under which no movement or transaction has been realized, must have a set of legal effects that are related to the existence of this type of accounts or funds, as it casts its shadow on both sides of the legal relationship that arose between the person concerned and the destination of depositing neglected accounts according to the form Which was drawn up by the competent legislation by depositing the amounts of dormant accounts and abandoned properties in a special account and investing the amounts of that account.