الاستثناءات التي خرج بها المشرع العراقي على القواعد العامة في حظر التجاوز على أراضي الدولة

Abstract EN

Despite the great importance of the state's land, which was supposed to be surrounded by a wall of legal protection that was divided between constitutional protection, civil protection and criminal protection, the practical situation in Iraq witnessed the conditions and circumstances of the frequent excesses on the state land to ensure the need for housing because of the inability of individuals to meet this need for limited annual income, and the work of general rules that prohibit the violation of the territory of the state requires the removal of such abuses and prevent recurrence.

however, the Iraqi legislator came out on these general rules by adopting legislation and exceptional decisions of the public origin, sometimes by legitimizing abuses on state lands, and then ending with the ownership of those who transgressed the sections over which they have exceeded.

sometimes they are strict in removing abuses and sometimes insisting on the matter.

which reveals the volatility of the position of the Iraqi legislator regarding the encroachment on the territory of the state.

these legislation and exceptional decisions of the general origin were surprising because of the repetition of their publication, which is feared to void the general rule that prohibits the violation of the state's territory of its content.