الشرط المانع من التصرف في التشريع و القضاء المصري

Abstract EN

The right of ownership is one of the strongest and most extensive of the original rights in kind, as it is the only right in kind that grants all the powers a person can exercise over something.

Within the limits of the law, only the owner has the right to use, exploit and dispose of it.

It's a collector's right exclusive to its owner.

While property is protected by the text of successive laws and constitutions, it is no longer an absolute right that confers unlimited powers on the owner over his property.

The legislator intervened in order to achieve the social function of ownership and authorized the owner to restrict his or her ownership by the restrictions of a convention by which he or she is obliged to choose against third parties without such restrictions leading to the disablement of the right of ownership from the performance of his or her functions, or to the creation of a right in kind not provided for by law.

One of the voluntary limitations regulated by the law is the restriction on freedom of action, which is imposed on preventing the owner from disposing of the object or subjecting such conduct to certain conditions not originally required by law.