بدل تحسن العقار

Abstract EN

Ownership, the real estate ownership in particular, is sacred of which the owner shall not be deprived except in cases specified by law, alongside with a fair compensation, whether in-kind or monetary.

Yet in practice, we do not witness that in the case of the property being acquired by the government, or in case of improvement of the property neighboring to a governmental project, based on justifications related to public interest and economic considerations.

Such interests and considerations prompted the legislator to promulgate such a text, but the Iraqi legislator did not sufficiently regulate this issue in the Acquisition Act No.

(12) of 1981 in terms of the terms used.

As well as the shortcoming in explaining the legal basis for the so-called in-return-payment of real estate improvement, also accompanied by ambiguity to resolve it.