Civil Code (Books 3 and 4).
Country
Type of law
Legislation
Abstract
Book 3 (Artt. 1048–1284) concerns Primary Rights and deals with the most direct forms of power a person can have over property. It is focused on ownership and rights derived directly from it. The Right of Ownership defines what it means to "own" something in Iraq, including the right to use, enjoy, and dispose of property. Forms of Ownership include special kinds of ownership (such as joint ownership (co-ownership) and the division of common property. Acquisition of Ownership outlines how one legally becomes an owner, such as through (i) accession, gaining ownership of things produced by or attached to your property; (ii) contract, transfer of title; (iii) pre-emption, a concept rooted in Islamic law where a neighbor or partner has the right to purchase property before an outside buyer; (iv) possession, acquisition through long-term possession or bringing "dead" land to life. Rights Derived from Ownership include the right of usufruct (using someone else's property), the right of habitation, and easements (servitudes), such as the right of way or water rights. Book 3 includes several provisions that reflect concern for land and environmental protection. These include (i) protection against excessive harm, as set out in Article 1051(1), which prohibits an owner from using their property in a way that causes “excessive harm” to a neighbor and requires that such harm be eliminated, regardless of whether it is recent or longstanding; (ii) preventive protection, under Article 1051(2), which entitles an owner to demand precautionary measures or the suspension of neighboring activities - such as excavations - when their property is at risk of damage; (iii) rules on water resource management, particularly natural flows such as rainwater and springs, where Article 1052 provides that lower land must accept the natural flow from higher land, while prohibiting the higher landowner from increasing this burden beyond legal limits; (iv) safeguards for public and private water resources, including Article 1055, which permits individuals to draw water from rivers and public canals and to construct channels in accordance with applicable laws, and Article 1057(1), which protects the precincts of wells, springs, and private canals as belonging to their owners and shields them from interference; (v) regulation of land development and construction, especially drainage, with Article 1054 requiring owners to direct rainwater from their roofs onto their own land, public roads, or adjacent land in compliance with legal provisions; and (vi) rights of passage for irrigation, as established in Article 1058(1), which obliges landowners to allow access across their land for water needed by distant properties for irrigation or drainage, subject to the payment of an annual fee.
Book 4 (Artt. 1285–1381) is on Accessory Rights (Artt. 1285–1381). While Book 3 is about ownership, Book 4 is about security. These rights are called "accessory" because they do not exist for their own sake but they exist to guarantee the fulfillment of a debt, such as (i) mortgages (Insurance Mortgages), legal agreements where real estate is used as collateral for a loan without the owner necessarily giving up possession; (ii) possessory pledges, where the debtor gives the creditor (or a third party) possession of a property or movable object until the debt is paid; (iii) rights of privilege (liens), which defines "priority" creditors and establishes who gets paid first if a person’s assets are liquidated (e.g., the state for taxes, or a landlord for rent).
Book 4 (Artt. 1285–1381) is on Accessory Rights (Artt. 1285–1381). While Book 3 is about ownership, Book 4 is about security. These rights are called "accessory" because they do not exist for their own sake but they exist to guarantee the fulfillment of a debt, such as (i) mortgages (Insurance Mortgages), legal agreements where real estate is used as collateral for a loan without the owner necessarily giving up possession; (ii) possessory pledges, where the debtor gives the creditor (or a third party) possession of a property or movable object until the debt is paid; (iii) rights of privilege (liens), which defines "priority" creditors and establishes who gets paid first if a person’s assets are liquidated (e.g., the state for taxes, or a landlord for rent).
Attached files
Date of text
Repealed
No
Source language
English
Legislation Amendment
No