Research 47 ILIC 2019

Abstract:  This research deals with the issue of the ownership of found property and its relationship with the general property acquisition. It is known that the Iraqi Civil Code does not regulate the issue of found property; it has left the matter to a special legislation, but this legislation has not been issued yet. Some countries have a special law to regulate the lost property, for example, the person who finds it is obliged to declare it and register it at a special department to help the real owner get it back, or the property be protected in case the owner did not appear. Iraqi jurisprudents differ regarding the possession of the lost property that is found. Some say that the picker can never possess the property and must return it to its owner when he/she appears; others say that the picker can own it but they differ on the time that must pass before it can be possessed. However, relying on other sources of law such as the principles of the Islamic law and benefiting from the general provisions of law of acquired property, we have reached a special opinion and it is in line with the principles of justice. We will present this opinion in this research.