{"id":41039,"date":"2025-08-31T13:59:40","date_gmt":"2025-08-31T13:59:40","guid":{"rendered":"https:\/\/alghanim-lawfirm.com\/en\/?p=41039"},"modified":"2025-08-31T14:07:11","modified_gmt":"2025-08-31T14:07:11","slug":"prescription-in-iraqi-law","status":"publish","type":"post","link":"https:\/\/alghanim-lawfirm.com\/en\/2025\/08\/31\/prescription-in-iraqi-law\/","title":{"rendered":"Prescription in Iraqi Law"},"content":{"rendered":"

In general, prescription refers to a legal system that sets the maximum time limit within which the parties to a dispute must file a lawsuit as a result of a crime or a particular claim. The duration of prescription varies depending on the nature of the crime and the jurisdiction, and this law applies to both civil and criminal cases. There are several types of prescription, the most important of which are:<\/strong><\/p>\n

1. Prescription that confers rights (Acquisitive Prescription):<\/strong>
\nThis is a legal system that leads to the acquisition of a real right by possession over a long period of time. It also applies to the forfeiture imposed by law as a result of violating a procedure or exceeding a short deadline, and it is enforced without the need to raise a defense. In other words, it is one of the legal reasons for acquiring ownership and real rights if possession continues for the period stipulated by law, such as the right of a tenant.
\nThe Iraqi Civil Code No. 40 of 1951 (Articles 1145\u20131168) regulates the rules of acquisitive prescription.<\/p>\n

2. Prescription that extinguishes claims (Extinctive Prescription):<\/strong>
\nThis is a legal system that prevents hearing a lawsuit if the right-holder neglects to claim it within a legally defined period. Thus, the debtor\u2019s obligation lapses procedurally, even if the right continues to exist morally. Generally, the limitation period varies depending on the nature of the case, and most statutes of limitation apply to civil matters.
\nThe Iraqi Civil Code No. 40 of 1951 (Articles 429\u2013443) regulates the rules of extinctive prescription and the time limits applicable to each case.<\/p>\n

From a temporal perspective, prescription also varies:<\/strong><\/p>\n

Long prescription (15 years): This is the maximum duration, applicable to both movable and immovable property.<\/p>\n

Short prescription (5 years): Unlike long prescription, this requires a valid legal basis for possession (such as a ruling of pre-emption) and good faith by the possessor. It applies specifically to recurring rights (such as building rents), state taxes and fees, and certain rights of professionals.<\/p>\n

In Iraqi law, prescription is not itself a lawsuit, but rather a defense against a lawsuit or a bar to hearing it, as stipulated in Article 429 of the Civil Code.<\/p>\n

Conditions for the validity of prescription:<\/strong><\/p>\n

1. The existence of an obligation subject to prescription: every personal or accessory real right, except ownership of registered real estate.<\/p>\n

2. Silence or negligence: failure to file the claim before the competent court.<\/p>\n

3. Completion of the full statutory period without suspension or interruption.<\/p>\n

4. Invocation by the debtor: prescription does not apply automatically but must be raised as a defense.<\/p>\n

Main causes for suspension of prescription (Article 435 of the Civil Code):<\/strong><\/p>\n

1. Minority or insanity in the absence of a legal guardian.<\/p>\n

2. Absence in a distant foreign country.<\/p>\n

3. Special relationships (between spouses or between ascendants and descendants).<\/p>\n

4. Force majeure that makes it impossible to pursue the right.<\/p>\n

5. The period during which the excuse exists is not counted, and prescription resumes after its removal.<\/p>\n

Main effects of prescription:<\/strong><\/p>\n

1. The lawsuit is not heard before the courts, preventing the creditor from compulsory enforcement.<\/p>\n

2. The obligation remains natural; voluntary performance is valid and cannot be reclaimed.<\/p>\n

3. Extinction extends to accessories: if the principal claim lapses, so do claims for interest (Article 441).<\/p>\n

4. The right does not lapse if the debtor acknowledges the debt before the court (Article 440).<\/p>\n

Conclusion:<\/strong>
\nPrescription serves as a balancing tool between the stability of transactions and the protection of rights. The provisions of the Iraqi Civil Code mentioned above embody this balance through varying periods, specific causes of suspension and interruption. However, they require legislative review to keep pace with the development of transactions and digital technologies, while maintaining guarantees of justice for both debtor and creditor.<\/p>\n","protected":false},"excerpt":{"rendered":"

In general, prescription refers to a legal system that sets the maximum time limit within which the parties to a dispute must file a lawsuit as a result of a crime or a particular claim. The duration of prescription varies depending on the nature of the crime and the jurisdiction, and this law applies to…<\/p>\n","protected":false},"author":1,"featured_media":39998,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[55],"tags":[],"class_list":["post-41039","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-information"],"acf":[],"_links":{"self":[{"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/posts\/41039","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/comments?post=41039"}],"version-history":[{"count":3,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/posts\/41039\/revisions"}],"predecessor-version":[{"id":41042,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/posts\/41039\/revisions\/41042"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/media\/39998"}],"wp:attachment":[{"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/media?parent=41039"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/categories?post=41039"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/tags?post=41039"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}