نزع ملكية العقار دون بدل : دراسة تحليلية

Abstract EN

The Iraqi constitution (2005) considers private property protected, and expropriation is permissible only for the public benefit and in return for fair compensation, but there are provisions in the Iraqi Acquisition Law and the Iraqi and Kurdistan Region Municipal Administration Law, authorize certain parties to expropriation without compensation, this raises the question of whether this is in line with the provisions of the Constitution and the Civil Code.

Among the research conclusions is that the expropriation without compensation under the Expropriation Law does not violate the provisions of the Constitution and the Civil Law due to the achievement of equitable compensation in it.

But the expropriation without compensation under the Municipal Administration Law is contrary to the provisions of Article 23/second of the Iraqi Constitution (2005) and Article (1050) of the Iraqi Civil Code.

In light of this, we proposed to the Iraqi legislator to abolish the article (53) of Iraqi Municipal Administration Law no.165 of 1964, as well as we proposed to the Kurdistan legislator to abolish the article (48/first) of Kurdistan Region Municipal Administration Law no.6 of 1993.