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Ownership by prescription in the relationship between state and individual - theoretical and practical study in Kuwaiti and Egyptian Law

Auther : Dr. Gaber Mahgoub Ali Dr. Fayez Al-Kandari

This study aims to answer two questions

 The first regarding to what extent it is permissible for individuals to obtain ownership of state fends resulting from possession0 whereas the research concluded that it is not possible to obtain such title or any other property in rem whethen those funds are state public ownership (spaeified for public benefit)                         or state private ownership

          The secand question is regarding to what extent it permissible for state to obtain ownership from individuals as a result of possession . The reseach concluded that in accordane with provisions of law in relation to prescription it is admissible for the state to obtain  such title provided all legal requirements are met whether in passing of title or any other property in rem .  Such a sulotion regonized in Kuwaiti and Egyptian Judicial .  Although it is move convenient as an opinion of  writers - that legislature should intervene to give the state such right expressly in order to prevent any allegation as occurred in French  law

 

 

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Oct 20, 2019

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