Forms of Infringement on Public State Property A Comparative Study

Abstract

The legislator in both Iraq and Lebanon was keen to try to preserve the properties of their countries and remove the violations committed against them. The present study gains its importance from its topic, which addresses the comparison between two different legislative environments in Iraq and Lebanon, each of which has its own historical circumstances, as well as the large number of infringements on public state property. The problem of the study is summarized in the forms of infringement that occur on public state property despite the existence of legislation that guarantees its protection and the identification of its necessitating causes in terms of the lack of legal rules. The results of the study raveled the most important of which is the multiplicity and diversity of Iraqi legislation that dealt with the criminalization of acts that are described as encroachments on public state property and were given the necessary protection through other legislation, and their development during the time periods of the life of the Iraqi state after independence. As for the legislation in force in Lebanon that deals with most of the public property is from the time of the French Mandate, and not many legislations were issued regarding it after independence. Moreover, the Lebanese Constitution, which is considered the highest legislation in the state, did not mention public state property, but rather merely emphasized private property and the impermissibility of expropriating it except for the public benefit.