This research addresses the provisional arrest of aircraft in Iraqi law, highlighting its economic and practical significance. It seeks to balance the creditor’s rights with the debtor’s interests while safeguarding the continuous operation of air transport services. The study aims to define the concept, conditions, scope, procedures, and legal effects of provisional arrest through a division into two main sections: the first section focuses on the legal nature and concept of provisional arrest of aircraft, while the second section examines its procedural requirements and consequences. It sheds light on the stance of the Iraqi legislator under Civil Aviation Law No. 148 of 1974 (as amended), in conjunction and comparison with the international rules set forth in the 1933 Rome Convention for the Unification of Certain Rules Relating to the Precautionary Arrest of Aircraft, supported by relevant legal doctrine and judicial precedents.
The research concludes with several key findings, most notably that the Iraqi Civil Aviation Law lacks dedicated procedural regulations for the provisional arrest of aircraft, relying instead on the general provisions of the Code of Civil Procedure without accounting for the unique nature of aircraft. Accordingly, the study recommends explicitly reforming and codifying the provisions, conditions, and procedures for the provisional arrest of aircraft within the Civil Aviation Law itself, rather than referring to the general Code of Civil Procedure.