تحول صفة اليد بين الأمانة و الضمان : دراسة في القانون المدني

Abstract EN

The hand is divided in terms of placing it on the thing, to the hand of the owner and the hand of the non-owner, and the hand of the owner is the one in which there is a reason for possession such as purchase, gift and other legitimate reasons from which ownership is inferred.

for the one who is not the one who puts the hand, it is either the hand of a trust from the plot of the lessee and the borrower, or the hand of the guarantee of the plot of the usurper and the one who takes possession of it .from a void contract the hand of the trust is transformed into the hand of a king or into the hand of a guarantee according to certain cases, and one of the most prominent cases of the transfer of a hand from a trust to a guarantee is the infringement and negligence, the breach of the trustee's obligations, the expiration of the period of legalization, and the text of the law, and the guarantee hand turns into the hand of a king or into a trust hand one of the most important cases of transferring possession from a guarantee to a trust is the establishment of a reason for imprisonment, excuses, offer and deposit, and agreement, and this shift results in the transfer of the guarantee between the one who puts the hand on the thing and the holder of the .right to it, based on a reason that requires the transfer.