جدوى الحيازة في كسب الحقوق العينية ما بين حق الملكية و الحقوق الأخرى

الملخص EN

When explaining the provisions of possession, the focus is usually on them as one of the reasons for acquiring the right of ownership, and sometimes with reference to their application to other rights in rem and to their futility in regards to the right of ownership.

the research shows that possession is applied to only six types of the eight rights in rem, due to excluding the right to formal mortgage and lien.

the research conducted a comparison between the right of ownership on the one hand and the rest of the possession rights in rem, which are : usufruct, use, housing, easement and pos session.

this comparison resulted in indicating that there are no differences between them with regard to the terms of tenure and their effects.

this has also resulted in the holder's preference of the property right over the remaining rights in rem, because it achieves greater advantages and authority for him to benefit from the concerned right.

the research concluded with a suggestion that the tenure conditions be mitigated in relation to the acquisition of rights in rem besides the right of ownership.