The Legal Framework For The validity of possession in guarantees (Comparative study)

Abstract

Possession is not a personal right or a real right, but rather it is considered  a reason of ownership as it is a presumption on ownership because whoever owns something is often an owner.  The law protects the apparent situation unless evidence is otherwise, and the Iraqi legislator has relied on the authority of possession in security when its elements and conditions are provided. The law protects the possession whether the holder is the holder of a right or not, and the protection is based on the possession, because the holder is the one who effectively controls the thing. Thus, for reasons of public security, such control must be maintained for him, so that no one can attack it, even if the owner is the real owner. In most cases, the holder of the thing is its owner or the owner of a real right and the law is indirect protection of the right of the holder. Therefore, the possession is considered the presumption of ownership, but it is a proof to the contrary, as stipulated in article (1157F1) of  Iraqi civil code that (whoever acquired something considered its owner until the evidence proves the contrary).