ارتفاقات الضرورة في القانون الإنكليزي : دراسة تحليلية مقارنة بالقانون المدني العراقي

Abstract EN

Easements of necessity are considered as one of the well-established legal systems of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts.

They are considered as one of the necessary real rights of vital or fundamental nature, by which the servient tenement is burdened.

And only arise if it is established that its use is indispensable for the use and benefit from the dominant tenement.

The Easements of necessity, which are classified as one subtype of the implied easements, as well as the intended easements, do the function of providing the requirements of the extreme necessity to find the ways to reach the land-locked real property, in keeping of the practical considerations.

And to protect the national wealth or real property.

Although the Iraqi civil law No.

(40) of 1951 has not regulated the easements of necessity, but it regulated some legal restrictions related to some special states of neighbourhood, and come nearer in its function to that of the easements of necessity.