التجاوز بالبناء وموقف المشرع العراقي منه : السكن العشوائي إنموذجا

Abstract EN

The phenomenon of random housing or the so-called (abusers housing) is one of the biggest problems of the modern era that created many economic, social and legal problems and became aggravated with the passage of time without radical solutions to them.

The countries in which slums constitute belts surrounding urban areas and have serious and deviant repercussions that have greatly affected the sustainable urban environment, due to the lack of effective solutions to meet the multiple needs of population and urban expansion, which led to the increase in the phenomenon of random housing by overtaking building on state-owned land And individuals, which is one of the most prominent crises afflicting Iraq, as the Iraqi legislator failed to protect the legal protection of public ownership, as the diversity of laws and decisions issued by different parties and on successive periods of time, while not being comprehensive and sometimes contradicting them, resulted in non-compliance with them, some of them were stressing the elimination of the excess and the other ordered ownership or compensation for the transgressor.

The persistence in overriding and building slums, which requires setting up a legal system that gathers together the dispersed legal texts and helps to stand firmly against the phenomenon of excesses and random construction while finding the necessary solutions for sustainable urban development, the most important of which is not to bequeath problems to future generations, since slums will inherit big problems.

If it is not treated with solutions that reduce its effects.