الحقوق العينية الإدارية : دراسة مقارنة

Abstract EN

The common rule in Arab countries and France is that public funds may not be handled in any way, therefore, all in rem rights that could pertain to public funds become void.

However, this prohibition has begun to fade in France in recent years.

Legislators have realized that public funds, real estate funds in particular, must be utilized in investment and development.

This would only occur by strengthening the legal status of those who handle public funds, which requires that the in rem rights of those handlers be recognized in order to stabilize the legal relations needed to pursue the investment of public funds.

This would break the traditional historical prohibition that has prevailed in France for a very long time.

If this is the case, it must be noted that there are two in rem rights that have been recognized in France.

These are in rem administrative rights that are distinct from in rem rights as defined by civil law.

The legal system for civil in rem rights differs from that for in rem administrative rights, which is a legal system shaped by the legal nature of public funds that is always subject to legal rules that takes into account the necessity for these funds to be allocated for the public good.

The French legislature has recognized a special right of ownership of others over public funds.

It has also permitted the possibility of drawing up an exclusive lease on public funds belonging to local associations and their affiliated public corporations.

The legislature has made these two rights subject to a meticulous legal system that balances the rights of management to maintain fund allocations for the public good with the right of the contractor to hold a stable legal status that enables it to pursue the investment of public funds.

Conversely, Qatari law guarantees in rem rights on public funds through Law No 10 of 1987, but does not specify any clear legal context for these rights.

Moreover, the Syrian legislature does not recognize the idea of in rem rights on public funds except in a very limited and extraordinary scope.