مدى صلاحية التحجير لحيازة الأراضي الموات: دراسة تحليلية مقارنة

الملخص EN

There is no doubt that petrification and possession of land of deceased person in the past and in the present time has become a prominent cause of conflict between farmers and other owners of land and real estate of all kinds.

therefore, this is the main motive for preparing this research that determine the legal and jurisprudential provisions related to the issue of lands deceased person by relying the legal and juristic comparative study.

this study comprises of a statement of the definition of petrification, how it is, the difference between it and the revival of the land of deceased person, the conditions that must be met in petrification, as well as determining its provisions, including petrification as one of the reasons for reviving lands of deceased person, the rights acquired from the process of petrification, the controls and restrictions on the right of petrification and ownership of the land.

the research came out with important results that answer many of the questions posed in reality, and make some recommendations that are important to consideration in the subsequent amendments to the Iraqi civil laws and legislation.