الطبيعة القانونية لشفعة الدولة في قانون الأملاك الوطنية والقوانين الخاصة

Abstract EN

(Shufa) in civil law is one of the means of acquiring ownership, similar to contract, inheritance, accession, and possession.

it is a license granted to an agent to substitute for the buyer in real estate transactions, under certain conditions and specific procedures, aiming to indemnify the agent.

however, (Shufa) in administrative law appears as a means utilized by the state to achieve various objectives related to protecting public interest.

it differs from the known (Shufa) in civil law in terms of conditions, scope, and procedures.

upon examining the legal nature of state (Shufa) through various legal texts, it becomes clear that it concerns a legal right granted by the legislator to the state, allowing it to substitute for the recipient of the transferred right, whether it pertains to a sale, gift, or lease, and whether it involves real estate or movable property.

this is done through diverse procedures.

additionally, there is a need for establishing a unified legal system for the practice of state (Shufa), especially regarding procedures and deadlines.

furthermore, there is a necessity to eliminate any conflicts with established legal principles.