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العنوان
النظام القانوني لاسترداد الحيازة :
المؤلف
شديفات، نورالدين صالح محمد.
هيئة الاعداد
باحث / نورالدين صالح محمد شديفات
مشرف / ثروت عبدالحميد عبدالحليم
مشرف / مني ابوبكر الصديق محمد
مناقش / عبدالكريم السروي
الموضوع
الحيازه.
تاريخ النشر
2024.
عدد الصفحات
309 ص. ؛
اللغة
العربية
الدرجة
ماجستير
التخصص
قانون
تاريخ الإجازة
1/1/2023
مكان الإجازة
جامعة المنصورة - كلية الحقوق - قسم القانون المدني
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

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from 309

المستخلص

The right of ownership is considered a wide-ranging real rights, and from it all other original real rights branch. Most laws have sought to regulate all matters related to property by defining its nature, the reasons for obtaining it, and the restrictions that are involved in it. Therefore, the right to property was the most important right in rem, for some reason that earns it. It is also important; It thus becomes the result of the person owning the thing who does not have this right, and he becomes the official owner of the rights and privileges that the right of ownership gives to the owner.Possession is considered the most important of these reasons, as possession plays an important role in gaining ownership of real estate and movables alike. This is because of its legal effects. Various legislations have given special attention to possession for several reasons: the most important of which is that the possessor in most cases is the owner of the money he possesses. The law assumes that the possessor is the owner, so possession has become a presumption of ownership. By protecting possession, the legislator protects ownership.Perhaps one of the most important reasons for protecting possession by various legislation is to protect the security and stability of society. The possessor who has effective control over the money he possesses must, for considerations related to public order, remain in control of this money until it is proven by a judicial ruling contrary to what the possessor claims.While possession in Jordanian legislation has no role in gaining ownership of real estate, unless those properties are outside the boundaries of the settlement; The reason for this lies in the absolute power that the Jordanian legislator granted to the real estate records entries. The properties that enter the settlement limits and are recorded in the real estate records records are considered a proof for all, and no one can own them by hand, no matter how long or short the period. What is meant by settlement in this regard is to settle all disputes, problems and all disputes related to the property or the real right, as the property that has been settled is considered free of any disputes or that it has been objected to and a final ruling has been issued to resolve the dispute. Settlement work in the Hashemite Kingdom of Jordan has been regulated by a settlement law. Lands and Waters No. (40) of (1952) and later Real Property Law No. (13) of (2019)Despite this, the role of tenure in Jordanian legislation cannot be ignored as a reason for gaining ownership because there are vast areas of land in the Hashemite Kingdom of Jordan that have not, to this date, entered the borders of the settlement. Therefore, it can be owned by seizing it for a legal period when its conditions are met.What concerns us in this study is how to recover possession of both real estate and movables. Does the possessor in whom the conditions of possession have been met and a person assaulted or was subjected to his possession have the right to recover possession from the aggressor? Does he protect her from exposure? What is his means of achieving this? If he succeeds and regains possession, does recovery have any legal implications? These questions are what prompted me to choose the topic of this study, and I will work to answer them through this study.