البناء على ملك الغير: بين إشكالات الواقع وآفاق الإصلاح

Abstract EN

The right of ownership is considered one of the most important original in- kind rights that have worked various legislative systems across the world to protect and maintain them from all confusion or aggression that can be attached to it, as is the case with buildings or facilities on the property of others; Which is an exceptional case and anomalous matter, the work of both the Maliki jurisprudence and the Moroccan legislator through the Code of Rights in kind to address it and address it in a way that guarantees the rights of both the original owner, as well as the builder, especially if it is goodwill.

This makes the latter–i.e.

intention-a basic criterion and an important control for arranging jurisprudential sanctions and legal effects, especially with regard to the amount of compensation.