وضع اليد بمرور الزمن وأثره على دعوى الملكية العقارية في التشريعات الفلسطينية

Abstract EN

The effected legislation in West Bank and the Gaza Strip did not recognize sources according to the era in which Palestine ruled the principle of obsolescence or expropriation of property that the legislator has taken in modem civil legislation.

In fact, the Judicial Judgments Journal of 1876- the current civil law in the Palestinian territories- has followed the position of the Hanafi jurisprudence, considering that the passage of time is an impediment to the hearing of the case and has no effect on the loss of property from the owner or acquisition of those who put the land on time.

In the sense that the land remains to its owner even if its claim is repaid over time, and the holder does not acquire its ownership.

The passage of time under these legislations, and also under the Palestinian judicial application only, prevents the hearing of the case, where the person who holds the hand can insist on the claim being rejected over time without acquiring any right over the property in question.

On the property except in very narrow cases where the applications of the Palestinian judiciary did not abound, despite the availability of cases of positive position to lay hands to claim the real right to the property in the possession if it had a written deed or according to Article 78 of the Ottoman Land Law of 1858.