The Legal Nature of the Disputed Right In the Iraqi Civil Law

Authors

  • Kasim H. Resan College of Law - University of Kufa

Abstract

The financial right takes several legal natures, it may be separated right, or common one , but there is a legal nature may differ from the two previous  natures such as disputed right. We will try in this research to clarify and define the legal nature of this right, within the scope of  Iraqi Civil Law.Through research, we found: that legal nature of the disputed right according to the texts of  Iraqi Civil Law, approaching to the (Overall  Know), which touched it in details by the Islamic jurisprudence, and the legal nature that have been adopted does not differ from the legal nature of the separated right, all there, that the powers of the owner will be  freezed in the duration of the conflict, and finally we suspect the validity of label (disputed right), and we suggested alternative name in the form of (disputed legal centers), to get rid of the problem of determining the right holder during the conflict.

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Published

2020-09-26

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Section

Articles