Comparative Study of the Legal Aspects of the Transfer of Ownership and Interests in Public Property and Legal Restrictions in Iranian and Iraqi Law

Abstract

In various legal systems, public property occupies a distinct and vital position due to its intrinsic connection with the public interest and its essential function in advancing governmental objectives. Such property encompasses real estate, infrastructure, natural resources, and certain state-owned interests, all of which are governed by specific regulations and legal restrictions that determine their use and transfer. In both Iran and Iraq—two countries with independent legal systems yet influenced by shared cultural and religious foundations—the issue of transferring public property and monitoring this process holds significant legal, political, and economic implications. A major challenge arises from the inherent tension between safeguarding the public interest and ensuring economic efficiency in the utilization of such property. Concurrently, administrative corruption and weak supervisory mechanisms have, in certain instances, resulted in the misuse or mismanagement of public assets, underscoring the urgent need for reform in legal and oversight frameworks. The structural and procedural differences in the legal systems of Iran and Iraq concerning public property provide fertile ground for comparative analysis and mutual legal enrichment. Given the critical role of public assets in securing collective welfare, their transfer is strictly regulated by laws that impose specific conditions and limitations across both jurisdictions. This study adopts a comparative legal approach to analyze the mechanisms governing the transfer of ownership and usufruct rights in public property, as well as the corresponding legal constraints, within the frameworks of Iranian and Iraqi law. The findings reveal that both legal systems have developed comprehensive frameworks for the allocation, lease, and sale of public property to safeguard the public interest; nevertheless, notable differences persist in their legal structures, administrative processes, and implementation mechanisms. In conclusion, this article provides a comparative legal analysis and proposes recommendations for enhancing the effectiveness and integrity of public property governance within both Iranian and Iraqi legal systems.