Journal of college of Law for Legal and Political Sciences

Abstract

The Summary

This research is about one of the most important subjects of management law. It is an insured specialization of first aid courts proceeding including law of real state proceeding assembly in Iraq No. 13 for the year 2010 issued for solving read state litigatioin which was happened opposite to legal proceedures connected with real state litigatioin operation for real public benefit (that an appropriation law) and who holded building a new country and can respect all its people’s rights, particularly real state problems. Probably, without any legal studies dealing with that subject including academic studies side. Inserting the article No. (22) of assembly law recently executed as from date 30.06.2011 showing legal problems after passing a long period.

The most important reason of facing this important and sensible subject held by researchers which are related with properties of most of Iraqi people who are expropriated by the forme authority without any concerning right.

The target of this research was showing the legal mistakes of some legal writings of the assembly. In addition to pointing to faults of those courts in using the law. For the sake of inforcing their research they depended on the most modern legal decisions of courts interested in those great amount of litigates. As a result, showing suitable solves for the legal vacancy for absence of written regections against the legal poceedings and the size of faults in its legal designes. In an argument, the researchers tried to reply them through studying the case in a technical program way. They could show their opinions about the way of defending those who their real state were expropriated and then to cancel this legal eecuted fault happened at the same time.

We hope this legislator occupy the given advises. The God is the right and is a leader to a right guidance.