تغيّر حالة العقار في قانون الاستملاك "دراسة مقارنة"

Abstract

      When establishing projects to achieve the public benefit, some real estate changes positively through an improvement in their value or negatively through damage to them, although real estate owners did not violate the law, the legislator obligated them to pay for the improvement of their properties, whether the improvement included the remainder of the real estate after the acquisition, or real estate that was not acquired. The legislator also obligated the public entity to compensate the owner for the damages that occur as a result of working on public benefit projects. The legislator has set a period of one year, after which the right to claim this compensation will lapse. Through the research, we reached a set of results, the most important of which is that the legal basis for obliging the owner to pay for improvement is the rule of (loss versus benefit), and the source of the obligation is the law. As for the legal nature of obliging the owners of real estate that improved, whether that part of them was acquired or that improved without acquisition, as a royalty not as a fee as the legislator called it. We presented a set of proposals and recommendations for the Iraqi legislator, which was to amend articles (41, 38, 37) related to paying for the improvement, and article (52) related to the duration of the lapse, which we proposed to start from the date of completion of the project.