Expropriation for Private Benefit - A comparative study -

Abstract

By extrapolating the texts of the Iraqi Civil Code and UAE Civil Transactions Law, it becomes clear that there are certain cases that lead to the expropriation of real estate for private benefit and not public benefit. These cases are represented in the expropriation of private property due to adhesion and preemption. This condition raises the question about the extent to which the provisions regulating these cases conflict with the general principles of Civil Law and the Constitution in both Iraq and the UAE are established, those general principles that stipulate it is not permissible to expropriate private property except for the public benefit. Despite the importance and significance of this perspective, legal jurisprudence has not explored and investigated enough about this matter. The objectives of this research are to clarify cases of expropriation for private benefit and the extent of their conflict with the provisions of the civil law and the constitution, in accordance with the comparative analytical approach to the texts of Iraqi Civil Code no.40 of 1959, and the UAE Civil Transactions Code no.5 of 1985 and related legislation. We conclude that there are certain cases that result in the expropriation of property for private and not public benefit, because of the adhesion and preemption, and that expropriation in these cases may contradict the provisions of the Iraqi and UAE constitutions. In light of the research findings, we presented a set of recommendations for Iraqi and UAE legislators in order to address the matters that need to be addressed.