انحلال الأراضي الزراعية لعدم الاستغلال
ضرورة واجبة في التشريع العراقي
الملخص
The land negligence by its owner or the person who has the right to
hold it unjustifiably is considered a reason for expiration of its title deed.
For the farm lands have been authorized in accordance with laws go back to
the beginning of the last century on the condition of a continuous
cultivation. According to law, if the owner does not cultivate the land its
ownership will be terminated.
The law has regarded some of the reasons are inundation and
justifiable. Among these reasons are inundation and land slide due to
earthquake, wars as well as land pollution because of radioactive and toxic
agents in addition to the owner negligence of the land due to any other
reason or leaving the land unused for rest provided that he fertilizes and
cultivates it.The actual physical changes of land that lead to leave it unused
demands terminating and confiscating it for public interest or changing the
type of the land where court allocution are justifiable.The expiration of land
ownership due to uncultivation leads to negative effects one of which is
environmental safety when plantation decreases, besides water waste and
leaving for cities and abandoning agriculture for the sake of other marginal
jobs where unemployment, laziness and illiteracy emerge. All these reasons
lead to crops decrease with all its consequences on the food security. Land
expiration has its own special rules in both civil law and the agrarian reform
law along with many presidential decrees.
They are of two kinds; the first requires compensation like the civil
law and the agrarian reform law. The second does not require compensation
like the 854 resolutions of 1978, resolution 634 of 1981 and resolution 367
of 1990. This needs effective measures to prevent land expiration some of
which is continuous cultivation and noticing the agricultural office
concerned of digging a well in it or paving a road for it with cultivation and
fertilization. In case all these measures are not taken by the owner or the
person who has the right to utilize it. The agrarian reform law is to be
applied as a final resort.
التنزيلات
منشور
كيفية الاقتباس
إصدار
القسم
الرخصة

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