Effects of The Penal Verdict on The Crime of Forging a Title Deed of the Residential Land in Iraq

Abstract

Objective: Research shows the importance of studying the subject of the effects of the penal judgment on the crime of forging the title deed of residential land in Iraq is that when this crime was proven and the decision acquired the final degree, the concerned department (the municipality) files lawsuit to repeal the title deed of real estate in which it is proven that a forgery crime has occurred.

Theroritical Framework: The study of the effects of the penal ruling on the crime of forging the deed of ownership is determined by analyzing the texts of the Iraqi Penal Code No. 111 of 1969 amended, the Iraqi Civil Law No. 40 of 1951 amended, and the Real Estate Registration Law No. (43) of 1971amended. For this purpose, this research is divided into two sections. In the first section, we show the role of the court of first instance when proving the crime of forgery of the title deed, which we will divide into two branches. As for the second section, we will clarify the role of the Federal Court of Cassation when the crime of forgery of the residential land ownership deed is proven, which we will divide into two branches also.

Methods: The topic of the research requires adopting the descriptive legal approach, to describe the effects of the penal ruling on proving the crime of forging a residential land title in Iraq and to take note of it in all its aspects, especially practical reality by analyzing the legal cases and drawing the necessary results. In addition to, the qualitative method of interviews is adopted to promote the methodology and to make the findings of the research more reasonable.

Conclusion our research dealt with the Effects of the penal verdict on the Crime of Forging a title deed of residential land in Iraq, for that purpose descriptive and analytical approaches were used.