التنظيم القانوني للحيازة : دراسة مقارنة

الملخص EN

The possession is one of the reasons for the acquisition of property, and can be defined as a physical situation is to put the hand either on the property or on the movable and effective control in order to acquire the property, and this is a sign of its importance that the owner of a property for example owned by others for a period of time in order to acquire ownership becomes after this The owner of this property is that the objects in possession are the material objects that can be acquired.

In other words, they must be a valid shop for the private rights.

Accordingly, the public funds are not a valid place of possession for not being disposed of or seized or subject to statute of limitations.

The things The common waters of the seas and rivers, because these things do not accept the possession and Notching for exclusivity and monopoly ,In order for possession to be legal, the elements required by the law of physical property must include control over the object and the moral basis of the intention to use the object, and the possession is not based on acts of forgery, tolerance or intermittent work.

The possession must be intact and free of defectsThe protection of tenure is justified in all applicable legislations.

It is a practical necessity to stabilize the situation, to give priority to the factors of stability and security in the society, to take care of the public interest and to cut the discounts.