الاستيلاء الإداري على ما جاوز الحد الأعلى للملكية الزراعية : دراسة مقارنة

Abstract EN

Legislators in Iraq and Egypt adopted the principle of determining agricultural ownership, and the provision of a cap on the amount of land area that individuals may not own any area more than this limit, with the aim of eliminating what was known as agricultural feudalism, and to achieve this and to ensure that agricultural land is not collected by a few individuals; Due to the scarcity of studies that have been subjected to this type of takeover by the administration, we have therefore tried in this research to highlight the concept of administrative takeover of what exceeds the upper limit of agricultural ownership, its distinction from the seizure of other laws such as the expropriation law, and to show how the administration verifies that there is an increase in the maximum area requiring the intervention of the competent administrative committees.

We found that the competent administrative committees are going according to a specific legal regulation in the implementation of their tasks, which is somewhat different in Iraq from in Egypt, as the Egyptian legislator set the upper limit on land ownership with fixed limits, While the Iraqi legislator defined it with moving limits that vary depending on the type of land, the degree of fertility and the way of irrigation, which made the task of the administration more difficult to know the new cases in which individuals own agricultural land more than the upper limit, on the other hand, the Iraqi legislator did not commit individuals to submit a continuous declaration whenever they achieved an increase from the limits mentioned as the Egyptian legislator did in dealing with new cases Therefore, this study suggested some solutions to address these issues..