Legal Regulation of Possession

• Main Author: Bassam Majeed Sulaiman
• Format: Article
• Language: Arabic
• Published: University of Mosul College of Law 2011-06-01
• Series: الرافدین للحقوق
• Online Access: https://alaw.mosuljournals.com/article_160648_48cfc5e55b6041915660740c1bdb632a.pdf

Possession plays a great role in field jurisprudence for it is the sole and effective mean to utilize and exploit property to such a degree that oversteps property itself .Possession is the most sources of rights that various legislations included it in its codes as an actual fact where possessor enjoys an incidental position protected by law .The various legislations pay a great attention to possession for two reasons : <br />Firstly ,that possessor himself controls the possessed property actually ,so far certain considerations regarded public order .So possessor control must be continuous where no one can dare to aggressupon his property for law protects possession as well as property. <br /> Secondly :possessor of property mostly the owner who possesses property in accordance with the benefits of property .Therefore, law in principle assumes that possessor is the owner and eventually protects property via protecting possession. <br /> The scope of this paper is focused on the legal organization of possession exclusively in field of civil code. Regarding methodology of the paper,the comparative and analytical methodologies were adapted by comparing Iraqi civil code with the Egyptian code, observing legal texts in both laws ,analyzing texts and weighting the judicious opinions supported by various judicial opinions and the practical applications such as decisions of Egyptian court of cassation .The current paper has tackled in its three sections, preceded by a preliminary subsection is devoted to the quiddity of possession .Section one deals with the acquisition of possession .Section two studies the conditions of possession and its types ,while section three sheds light on the continuation and termination of possession . <br /> The paper presents the most important results that have been arrived at, and the recommendations that the Iraqi legislator will hopefully take into account <br /> .