A Faculty of Law and Political Science publishes an article entitled “Features of possession of a new kind in the Cabinet decision” No. 169 of 2022.

The distinguished Iraqi Council of Ministers issued its decree No. 169 for the year 2022, which include: “Allowing
Ministries, entities which are not associated with a ministry, and governorates which government properties have been allocated to (land, construction or both) to exploit those properties for their purposes, including the construction or restoration of new buildings, so as to ensure their proper use without the need for the consent of the owner and without including the right to sell or invest them”.
The researcher finds that the distinguished Iraqi Council of Ministers, with practical considerations, authorized ministries and other entities not affiliated with the Ministry as well as governorates to construct buildings on government land allocated to them with the consent or even without the consent of the owner.
This decision is an exception to the asset, which includes not permitting the construction of any building based on the property of others without his prior consent; Article 1119 of the Civil Code stipulates that a person who constructs a building, planting or other installations with materials on land known to be owned by another without the owner’s consent. He made the choice for the landowner to ask the builder to take off the updates at the expense of one of the most recent, unless construction are harmful to the land, if they are harmful then the owner of the land will have the right to possess the construction with its value .
Reviewing and analyzing this text, the Iraqi legislator has made adherence (to the human act) one of the reasons for the acquisition of ownership for the reasons set out in this article. By linking this analysis to Council of Ministers Decision No. 169 of 2022, ministries and other government agencies that have built buildings with materials on land belonging to a ministry or other State entity that owns such land can acquire such land if the value of the construction is greater than the value of the land on which it is constructed.
This decree is effective with or without the landowner’s consent, as Iraq’s distinguished Council of Ministers allowed the construction on Government land by another Government entity. (With or without consent) is a legitimate ground for the construction entity to own such land through (adhesion), which is considered as a new type of possession that we did not entrust in the item No. (12) of 1982. If the landowner is not convinced of the foregoing, the landowner has the right to institute legal proceedings before the Civil Court. The role of the court is limited to checking the fulfilment of the requirements set out in article 1120 of the above-mentioned Civil Code.