1. أثر قاعدة الحيازة في المنقول سند الملكية.
- Author
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سالي علاونة and علي السرطاوي
- Subjects
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PROPERTY rights , *CIVIL procedure , *STOLEN goods , *CIVIL code , *CIVIL law - Abstract
Objectives: Possession is one of the reasons for acquiring ownership, and the principle of possession in movable property applies to property owned by others. As for movable property with no owner, it is considered permissible. Once someone takes possession of it, ownership is transferred to them immediately without the need for specific conditions. The Palestinian Civil Law Project explicitly refers to this principle, unlike the Code of Civil Procedure, which did not explicitly mention it but introduced an alternative principle known as the theory of contract invalidity. In addition to the general conditions for possession, such as peaceful possession, clarity, and visibility (i.e., not being hidden), there are specific conditions for the possessor to acquire ownership of the movable property. Methods: The researcher employed the analytical descriptive methodology through describing the legal textx. Results: These conditions include the existence of tangible movable property, the possessor having good intentions, and the possession being based on a valid reason. Conclusions: If these conditions are met, the possessor gains ownership of the movable property according to the law without the need for a specific time period. This rule does not apply to stolen or lost property. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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