The Role of the Period within the Scope of the Right to Dispose of State-Owned Lands - an analytical study –

پوختە

The article (68/1) of Iraqi Civil Code considered the right to dispose of state-owned lands an original right in rem, but legal studies did not address the role of the period within the scope of this right, so the problem of research was represented in the provisions of Articles (1184), (1218) and (1233) of the Iraqi Civil Code, where the period plays a prominent role in it, especially with regard to gaining and losing the right to dispose of, but some of these provisions are now disabled and others have been amended under later laws. Accordingly, the objectives of the research were to show the extent to which the right to dispose of is related to the period and the extent of its role in gaining or losing this right, by following the analytical approach to the texts of the relevant laws. Among the conclusions of the research is that there is no room for applying the principle (the non-extinction of the right of ownership by non-use) within the scope of the right to dispose, because the Iraqi legislator has explicitly acknowledged the loss of the right to dispose of non-use, and it is not currently possible to gain the right to dispose in light of the provisions of Iraqi law therefore, there was no role left for the period in gaining the right to dispose of state-owned lands. Among the recommendations of the research is the need for the competent authorities to activate the texts related to the forfeiture of the right to dispose when the land encumbered with it is not used for the period stipulated by law.