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Appeal against a decision prohibiting the displacement of the wife of the deceased and his minor children
13/3/2018 12:00 am [rtl] BAGHDAD / Al-Sabah The Federal Court on Monday appealed against the unconstitutionality of resolution 1041 of 1982, while confirming that its continued implementation prevents the wife of the deceased and his minor children from being left homeless. The court's spokesman, Iyas al-Samuk, said in a statement that the Federal Court considered during its session yesterday a lawsuit demanding unconstitutional decision No. 1041 of 1982, which did not permit the removal of the common residence if the inheritance is occupied by children Deceased minor or spouse or both except with the consent of the wife ". He added that "the prosecutor filed a lawsuit against the president of the republic, in addition to his job because he was not the one who issued the decision, or who replaced the one who issued it." Al-Samok explained that "the lawsuit against the Speaker of the House of Representatives was dismissed, in addition to his function. The fact that the contested decision was unconstitutional did not prevent the heirs from selling the land or repairing them, but prevented them from removing the common practice according to the jurisprudential rule. And the obligation of the state under the provisions of Articles (29) and (30) of the Constitution to protect the family and the residence of minor children and the wife of the deceased, and that housing is one of the aspects of family protection.[/rtl] [rtl][You must be registered and logged in to see this link.] [/rtl] |
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