طرق إصدار و تسجيل قرارات الحجر على عديمي الأهلية و ناقصيها في القانون الفلسطيني و الشريعة الإسلامية : دراسة تحليلية مقارنة

الملخص EN

The legislator has issued a set of legal articles to protect the weak and the rights-holders.

These articles are meant to bring benefits to them and others and safeguard them from abuse.

At the top of these means, however, is the restriction order on individuals who partially or totally lack legal capacity.

In fact, restriction has integral parts related to its inevitability, prevention, registration procedures according to law, as well as the means and ways of announcing it.

The advantages and goals of this procedure consist in enabling each stakeholder to view the decisions of restriction and to know their terms or object to them in order to preserve his rights and interests, as well as the rights of the interested third party.

This is precisely what was addressed in this research in light of the relevant legal systems and comparative jurisprudence.

The research results showed that the Palestinian legislator failed to regulate the process of recording restriction and that the texts dealing with this issue are inadequate.