نطاق التصرف القانوني غير المسجل بنقل ملكية الأراضي في القانون و القضاء الفلسطيني

Abstract EN

The research on the subject of real estate and the rights arising from it is still one of the vital and important topics for researchers, and the topic of research deals with the scope of the legal disposal of lands not registered with the competent land registry in Palestine, and the extent of transferring ownership of the property by such disposition, and clarifying the significance of the legal disposal in the laws Concerning the lands applied in Palestine, and the effects on its interpretation of a wide legal and judicial dispute, and the researcher followed the analytical approach of the laws related to land and the new Palestinian Civil Law No.

(4) of 2012, with guidance on what the judiciary stood on, and the researcher reached an important conclusion, that the legal action In the lands owned by the unregistered, it is considered a preliminary act that may be a reason for demanding the implementation in kind before the courts.

It may be judged for the specific implementation of the unregistered contract, and we recommended the necessity of stipulating in the law relating to the transfer of land ownership, whether owned or otherwise, the nullity of all legal actions and considering them as absolute nullity, and the need to adhere to the registration of these actions before the Land Registration Department, in order to preserve rights and not It raised judicial disputes over the ownership of real estate, because of its economic importance in the state.