Abstract

The study revolves around how the Iraqi legislator adopts the theory of public funds. The issue of determining the State's right and public moral persons over public funds is one of the most precise issues that have been disputed in jurisprudence and legislation .As jurisprudence was divided into two main trends; The first one denies the state's property right and believes that it just has the right of supervision, saving and maintenance for the benefit of all personnel .The other trend is that the State's property right over public funds is a fact and not just supervision ,saving and maintenance. Perhaps it is necessary to recognize the State's property right over public funds as this accomplishes significant benefits and solve many practical problems that remain unresolved in denial of this right. The most significant benefit is identifying the responsible person for maintenance and saving of public funds, as well as identifying the responsible person for compensation for damages that may resulted from wasting the public funds, which requires enacting a law to regulate the law provisions of state funds in Iraq.