Minimum foreign ownership of real estate in Iraq in the light of the rule of international law | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 8, Issue 3, September 2016, Pages 708-734 | ||
| Author | ||
| A.Lec. Raghad Abdulameer Madhlum | ||
| Abstract | ||
| Abstract Each state has its own authorities in organizing foreigners' status drawn from its circumstances and interests to the extent of rights that the foreigner enjoys or obligations for which he is responsible. International custom put an obligation on a state by handing over its foreigners on its own regions with respect for human legitimacy. Still, there is kind of difficulty about identifying the core of the state's obligation on this regard that is according to the necessities of international trading. There is nothing to hinder any state from treating all or some of foreigners respectfully referring to the international custom which is an interior question each state shall enjoy with absolute freedom. The most important rights, the foreigners shall have, is the right of Real Estates' ownership, which has been as an absolute right, causing controversial disputes among countries because most of such countries impose limits on foreigners for the ownership of Real - Estates especially Iraq which issued many laws in terms of putting properties in possession of the foreigner inside Iraq. The first law on foreigners' Real Estate's ownership Act (No. 19) of 1941 prevents Iraqis from the sale of their shares in Oil Companies to the foreigners only after the approval of the competent authorities. Accordingly, the foreigner as an individual shall have a legal status in the country for conducting all lawful transactions such as making contracts in order to maintain the social and the economical entity of such country and its interests as well. | ||
| Keywords | ||
| Minimum; foreign ownership; of real estate; Iraq; international law | ||
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