The impact of artificial intelligence on international human rights law and international humanitarian law

Authors

  • Assistant Rozan Abdel Qader Dazzei Author

Keywords:

Prescription – possession – ownership – real rights

Abstract

Abstract: Prescription is a legal system whose provisions regulate the majority of civil laws for its importance, and time constitutes an important pillar of this concept and there are many considerations given in relation to the public interest, the stability of transactions and the preservation of the security of the economic and social community, and that the silence of rights holders for a long period leads to the forfeiting and winning of rights. The Iraqi Civil Code organized the provisions of statute of limitation period in the folds of the main sections of the law in the preliminary chapter, and within personal rights it treated the lapsed statute of limitation period, and made the statute of Imitation a reason for acquiring the right of ownership and reason for acquiring some rights derived from the right of ownership. The subject of the study raises several problems that lie in answering some questions, the research questions are as follows: does the Iraqi legislator have an integrated view of dealing with the statute of limitations in civil law? Was the Iraqi legislator successful in regulating the statute of limitations and making it a reason for the forfeiture of personal rights, and a reason for gaining rights in kind. The structure of this research is set out in three sections; firstly the definition of prescription & as an introduction to the subject. Secondly, the prescription as a reason for acquiring the right of ownership by possession. Thirdly, the prescription as a reason for acquiring some right derived from the right of ownership. The study has reached several conclusions, including that The provisions and rules of limitation period as a reason for acquiring the right of ownership on the basis of these provisions being applied to the right subordinate to the right of ownership taking into account the specificity of the rights subordinate to the right of ownership in the matter of acquiring rights, and the possession and its terms as a basic requirement for acquiring the right of ownership. © 2023 TUJR, College of Law, Tikrit University

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Published

2024-01-01

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Section

Articles