The legislative and legal foundations of the renewed real estate registration system in Iraqi law

Abstract

This research aims to clarify the legal framework governing the real estate registration renewal process and to reveal the effectiveness of the legislative texts regulating it in protecting real estate ownership and establishing property rights. It also analyzes the role of this system in achieving legal security and stability in real estate transactions and reducing disputes arising from inaccurate real estate data or outdated official records. The importance of this research stems from the prominent position of real estate registration in the Iraqi legal system as the primary means of proving ownership and ensuring the stability of individuals' legal status. The integrity of the real estate system is a crucial pillar for achieving economic development, encouraging investment, and protecting private and public rights. The research employs a descriptive-analytical approach by studying the legal texts in Iraqi legislation related to real estate registration, particularly the Real Estate Registration Law No. (43) of 1971, as amended. It analyzes its provisions and demonstrates their consistency with the objectives of the real estate registration renewal system. The research also presents the concept of renewed real estate registration, its procedures, and its legal implications. Furthermore, it utilizes an inductive approach to trace the legal provisions regulating this system. The research reached a set of results, the most important of which is that the renewed real estate registration represents an effective legal tool for reorganizing real estate records and updating data related to real estate, and that the Iraqi legislator granted real estate registration an important legal authority in proving real estate rights. However, the practical application reveals the existence of some challenges related to the slowness of procedures and the need to update technical and administrative means. It also showed that developing the real estate system through electronic transformation and enhancing real estate surveying and documentation work is an essential necessity to ensure the efficiency of the renewed real estate registration and to achieve the desired legal protection for real estate ownership.