On Thursday, July 4, 2024, the College of Law at Fallujah University discussed the master’s thesis in private law entitled “The Penalty of Deprivation of the Benefits of Private Real Estate Ownership.”
The thesis submitted by the student Ahmed Jassim Yahya, under the supervision of Prof. Dr. Hammad Abd Shield, a sensitive topic related to private real estate property rights, which are considered among the basic rights that the Constitution requires to be preserved and protected by law from usurpation as an illegal act.
The thesis discussion committee was headed by Prof. Dr. Suleiman Barak Al-Jumaili, whose membership included Prof. Dr. Saddam Faisal Cooks, and A.M.D. Hammam Muhammad Yaqoub.
The results of the letter showed that the Iraqi judiciary, in cases of usurpation by official departments, tends not to return the usurped property or remove the encroachment, as it suffices with a one-time financial compensation instead of ruling to impose an equivalent rent as a penalty for depriving the owner of the benefits of his property, without relying on a legal basis or even an acceptable justification for what it reached, which causes harm to property owners and raises many legal problems.
The letter also recommended the need for the Federal Court of Cassation to take into account the proper application of the law, by assigning the penalties imposed by the law on cases of usurpation to their correct status, without making any distinction based on the nature of the usurpation, whether the usurpation was issued by individuals or state institutions, by obliging the usurper to return the property with a similar fee if necessary,
and not allowing the constructed facilities to remain on the properties of individuals, and to limit the compensation for the deprivation of the king’s benefits to a one-time compensation, but rather that the compensation be Through an appropriate rent to achieve the necessary protection for private real estate property.
Department of Media and Government Communications
