المحكمة المختصة في دعاوي رجوع المستأجر على الإدارة

الملخص EN

The administration is exposed to the lessee in many cases, whether it is a legal exposure claiming a special right to it or a material exposure when it performs work with its powers, so the lessee’s use of the leased property is affected, so the lessee returns with lawsuits against the objector (the administration) and then the problem of jurisdiction arises, so what is the competent court In the resolution of disputes, the tenant returns to the administration.

The study relied on the analytical approach to legal texts, as well as following the comparative approach to find out the similarities and differences between the different legal systems and adopting the most correct ones and following the applied approach to citing judicial rulings whenever possible with the adoption of judicial interviews.

The study reached several results, the most important of which is that when the tenant returns to the administration, the issue of conflict of jurisdiction arises, and that the litigants in the case, when there is a dispute in jurisdiction, raise the matter to the authority for the appointment of reference.

And in order to reduce the effort and expenses, in addition, the study recommended to invite the Iraqi legislator to organize the procedures by submitting the dispute matter to a body that appoints the reference, similar to the Omani legislator.