النظام القانوني للحيازة (الثبوت)‎ في القانون المدني اليمني : دراسة تحليلية مقارنة

Abstract EN

Possessing things in life is an important concept in the different Civil Enactments.

It is the materialistic possess which cause legal impacts.

In another hand, there is another possessing as the Legal Authority, which means, "the owner does not depend on any rights, moreover, he/she has all the rights to live safely and to be protected by the Law."Therefore, Governments work hard to order and arrange the Legal Authority for keeping the National Economic by encouraging the owners who use what they own correctly and to punish the owners who use what they own in a wrong way.

You can possess a thing and be protected by the Yemen Civil Law, but the Possessing must be a way from the Constraint, Violence, Disappearance, and Ambiguity and must be for a long period, only in this case the Law in Yemen can protect the owner.

This study also, relates to the real situations during which the owner may receive an attack, due to the topic of Possessing is so important to keep the life of the owner in general, and the owner will be protected by the law against any attack he/she might receive, even if this attack is from someone who has a right, this one cannot attack the owner, but he has to go to the judge to say his/her complaint in order to get his/her right.

In addition, this study shares in giving the solutions for the complaints/civil problems and quarrels which relate to the Possessing and owning lands, due to it is a phenomenon in the life of the people especially in the Yemeni society.

In the Yemeni society, these quarrels mostly cause committing a crime and violence.

So, it is needed in Yemen to revise the Rules and the Laws, which relate to the Possessing and get use from the Rules in the Egyptian, Kuwaiti and Iraqi Laws that belong to the complaints to protect the Possessing, which can arrange the Possessing, to adapt the law in Yemen and arrange the rules.

Because, the purpose from the arrangement of the Possessing Law is to protect the Possessing itself completely and independently from the owning and the source of the right.

Those, aims and goals are our purposes in this humble research.