The owner's authority over the roof of his building in light of the law and freedom of will (an analytical study in Iraqi law)

Volume 21 , Issue 2 , November 2020 , Pages 295-315

Authors

سامان فوزي عمر 1

1 ١ جامعة التنمية البشرية/ السليمانية- العراق

DOI logo 10.17656/jzsb.11047

Keywords

Abstract

Recognizing the fact that rooftops are increasingly becoming important, this paper studies the
rights of property owner to rooftop in both detached (single) or shared property (multi-family). The
law states that the owner of a land owns both the space above and ground below to the extent that
they can be reasonably used. So, regarding detached property, how far the owner can use his rooftop
and can another person have the rights in kind, and, regarding shared property, what rights the owners
have to the shared rooftop? Another question is that can the owner of a block of flats use the rooftop
of the block without the consent of the owners of the flats, or can he reserve the right to use the
rooftop to himself after selling the flats? Realizing the fact that there is no clear law in the Iraqi Civil
Law to settle this matter, we wonder whether the general provisions for ownership in the civil law
and the provisions of the laws related to the ownership of real estate help us to organize this issue so
that we can achieve the principle of freedom of will and urban goals.

References

  1. ︎ ︎
  2. ︎ ︎ ︎︎ ︎ ︎ ︎ ︎ ︎ ︎ ︎ ︎︎
  3. ︎ ︎ ︎ ︎ ︎
  4. ︎ ︎ ︎︎ ︎
Statistics
  • Article view223
  • Downloads0
  • First online25 November 2020
  • Published at25 November 2020

  • RIS
  • BibTeX
  • EndNote
  • Mendeley
  • APA (7th edition)
  • MLA (9th edition)
  • Chicago
  • Harvard
  • IEEE
  • Vancouver