البناء العشوائي و مشكلاته القانونية

Abstract EN

Random building is a building that individuals plan and construct on state-owned lands, and often these lands are on the outskirts of cities within unplanned and unregulated areas and no construction is permitted on them, as individuals construct buildings that are incompatible with the urban sphere of cities that grow in or around them and violate the laws Urban Planning OrganizationThe problem of random construction is one of the most difficult problems facing the progress of the urban field in most Arab countries, including Iraq, in which this problem has become seriously dangerous in light of the chaos the country is going through.

The countries that have suffered from this problem have tried to address it by diagnosis and treatment, and their legislative positions in this regard have varied between those who went beyond the weak party in the equation, so they looked at him with a tolerant view, considering him a defeated person, whose difficult life conditions forced him to overtake the lands of the state, such as the Iraqi legislator.

And whose position was embodied in the decision of the Iraqi Council of Ministers issued on 24/11/2019, which stipulated the ownership of residential lands for those who crossed it, and the Egyptian legislator in the Reconciliation Law in Building Violations No.

17 of 2019Faced with the realistic presence of this problem on the ground, and its serious repercussions on the aspects of social, health, environmental, legal and other life, we have decided, by specialization, to shed light on the legal repercussions of it and specifically what related to civil law, where we try through this research to stand at some legal problems Raised by the presence of random construction on the ground, and we specifically chose from them the problem of the legal value of the actions that are replaced by random construction, the problem of the rights of others that are not related to the random construction indirectly and that is represented by each of the neighborhood rights between the residents of these random buildings, and the rights of creditors who crossed the implementation on the construction.