College of Law

Scientific Workshop on Property Ownership Claims in Light of the Dissolved Revolutionary Command Council Decision No. (1198) of 1977

As part of its academic plan for the academic year, and in alignment with the requirements of academic accreditation and enhancing the link between theoretical study and practical application, the College of Law – University of Mosul organized a specialized scientific workshop titled:

“The Legal Challenges of Property Ownership Claims Between Text and Application in Light of the Dissolved Revolutionary Command Council Decision No. (1198) of 1977”

The workshop involved an elite group of the college’s professors and specialized lecturers in procedural law and civil law.

The workshop was chaired and its sessions moderated by Professor Dr. Ajeed Thamer Al-Dulaimi, Professor of Procedural Law, who commenced with an opening speech welcoming the Dean of the College of Law, faculty members, and attendees. He emphasized that the workshop responds to an urgent academic and judicial need, given the practical challenges raised by property ownership claims which affect the stability of transactions and the right of ownership, being one of the most sacred rights that legal systems strive to protect.

The workshop chairman clarified that the Dissolved Revolutionary Command Council Decision No. (1198) of 1977, despite being issued by a dissolved body, remains in force and is applied by the Iraqi judiciary. This necessitates a deep critical study to assess the extent to which its judicial applications align with its legislative philosophy and the objectives of justice.

The workshop aimed to:
• Analyze the legal basis and legislative philosophy of Decision (1198) of 1977.
• Diagnose the practical challenges arising from the application of the Decision in ownership claims.
• Monitor the divergent judicial trends regarding the interpretation of its provisions.
• Propose academic recommendations that contribute to the development of judicial application and related legislation.

The workshop featured the presentation of a joint research paper prepared by Professor Dr. Ajeed Thamer Al-Dulaimi and Professor Dr. Raida Muhammad Mahmoud. The paper addressed the practical challenges of applying the aforementioned decision in light of the judicial reality, particularly concerning the effects of informal contracts in property sales and the limits of legal protection for the buyer in case of the seller’s reneging.

The research paper concluded that the complexity of property registration procedures and the high cost of fees and taxes have contributed to the prevalence of dealing with unregistered contracts and the resulting legal disputes. This prompted the legislator to intervene with Decision (1198) of 1977 to address cases of reneging and achieve a degree of contractual justice. However, judicial applications have revealed discrepancies in the interpretation of some of its provisions, particularly concerning the calculation of the difference between the two considerations and defining the concept of buildings or constructions that permit property ownership.

At the conclusion of the workshop, a fruitful scientific discussion took place among the participants, resulting in a set of recommendations, most notably:
• Urging the judiciary to adopt an interpretation consistent with the legislative wisdom of the Decision.
• The necessity of reviewing some of its judicial applications to achieve effective protection of property rights.
• Emphasizing the importance of a legislative review of the Decision to address the shortcomings revealed by practical practice.

This workshop falls within the framework of the efforts of the College of Law – University of Mosul to enhance the quality of scientific research, serve the community, and link legal education with practical reality, in line with academic accreditation standards and the requirements of sustainable institutional development.