أثر نزع الملكية للمنفعة العامة على العقود المرتبطة بالعقار المنزوعة ملكيته

Abstract EN

Constitutions were strict regarding expropriation for public benefit, allowing it only for the sake of achieving public benefit, and in exchange for fair compensation prior to expropriation, in addition to procedural guarantees for the expropriation process.

If expropriation is carried out in accordance with the rules and procedures specified by the Constitution and the law, the question arises about the impact of this process on the contracts contained on the property that has been expropriated? This is because the owner of the property may be bound with others by contracts that replace the expropriated property, such as a sale, lease, or mortgage contract for the property.

If the state expropriates the property and it becomes part of its property, what is the effect of that on the contracts contained on the property? The statement that expropriation for public benefit amounts to the total destruction of the property, resulting in the contract being terminated by law and on its own, is being eliminated.

Due to the impossibility of implementing it due to its lack of place due to a foreign cause in which the owner has no control.

If the contract is annulled, the question arises, on the one hand, about the basis and scope of this annulling, and on the other hand, about the extent of the right of the person contractually bound to the owner to demand compensation for the damage he sustained as a result of annulling the contract