الحيازة العرضية للعقار ((دراسة مقارنة بالفقه الإسلامي))

Accidental Possession of Estate ((Coparative study With Islamic Jurispurdence))

After this study, we find that this type of possession has a special status. This possession is the effective tool for the exploitation and exploitation of money so that it may outweigh the ownership in the working life. Possessing possession is one of the most important sources of rights organized by the other legislations in their laws. As a material event under which the holder has a realistic status protected by the law itself, and has important legal implications, namely that the accidental possession if completed by the availability of the moral component of the structure of the ownership of the property in this case can lead to accidental acquisition of ownership The real estate, and this prompted the laws of the situation to give the acquisition in general and the ground in particular in particular the importance of the two main factors:
The first factor is that it is the casual owner who exercises effective control over the property that he owns. Therefore, considerations of public order and stability must maintain this control. This should not be attacked. The law protects tenure and protects property.
The second factor is that in most cases the owner of the property is the owner; it is the king’s advantage that the owner has the money that he owns. Therefore, the law presupposes that the holder is the owner, protecting the property by protecting possession, so protection of possession is an indirect protection of the same right .
In addition, the status laws have been adopted by the possession in itself if they meet the conditions required by the law, and it is obligatory to protect them, even if the third party claimed ownership of the eye in possession. The possession is a simple presumption to the king. The burden of proof is the deduction of the holder. It is also clear to us that the legal protection of possession, both real and temporary, is an important factor in reducing attacks on them in order to stabilize transactions in society.
One of the problems of the research is that the Iraqi civil law does not address some of the important issues related to the accidental possession of the property by explicit legal provisions. This may raise controversy and jurisprudential differences on the other. It was preferable to do so in order to avoid circumventing the law, nor did it include provisions for the extrajudicial delivery and symbolic delivery of possession in the case of its transfer from one hand to another, as well as in the case of Tenant Po is exposed FH-holder to the accidental grabbing property which is held by, the legislator granted claim termination of the contract or decrease the fare option, here treated one case of abuse cases of possession and is unlawfully seized, what about other cases in which non-irregularity might be exposed to the tenant?
This is what we will try to answer by God’s permission within the methodology of comparative legal study of Islamic jurisprudence and within a research plan consisting of two chapters.