التنظيم القانوني لحق الاحتباس (دراسة مقارنة)
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Date
2018-04-04
Authors
علاونه, عبد الحكيم
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Publisher
ِAn-Najah National University
Abstract
During my study of legislative organization pertaining to the seizure right. In the first chapter, I came over the meaning of seizure right and its beginning. I explained in my first research ahistorical remark about the seizure right, starting from the Roman age up to the civil law (legislation) in modern age. I explained the concept of seizure right in legislation and Devine law. I looked into the basis of seizure right in accordance with contrastive legislations we are studying, in addition to highlighting their properties. I also explained the nature of seizure right. I made distinction between seizure right and similar legal terminology like defiance of no execution, exchange, separation, detention and property mortgage.
In the second subject of the same chapter, I came over the initiation of seizure right as explaining its conditions, how it is used, when excuses are available in order to use seizure right. I also searched into the repression of creditor in using his right of seizure and into the judiciary authorization of using this right. In addition, I pointed out examples of seizure right, some of them are based on legal or abstract (personal) commitment always come out as a result of contracting or exchanging relation which can be basis for not execution, also donation contracts, tenders, lease, selling, exchange and work. It could also be as a result of strict contract of one party, attorney without fare and deposit without fare. It could be as a result of disconnecting a contracting commitment by disengagement or cancellation. It could also be as a result of exchanging relation without being based on valid or invalid contract like the employer or land lord using workers or like the relation of benefactor or guardian or protector with the little (kids) especially in custody. I also pointed out that some cases are based on substantial or objective relation which can be caused by harm of seizure from the seized thing or when the seizure is spending money on the seized. I pointed out some types in accordance with the Islamic divine law (Fiqih) as seizing a lost irem, escaped (slave) and land harvest until receiving compensation.
In the second chapter of the study I discussed it under the title of the consequences of seizure right and its invalidity as I highlighted in the first subject the consequences of seizure right as they can be creditor or seizure rights or commitments to be done According to the seizure or creditor rights I explained that they can initiate as a result of his relation with the owner of the property or item. So, it is called the right to seize an item or property from its owner, in addition to exercising power on the seized item according to some legislations resulting in haring the right of following up and managing. Also, his right to exercise power and get back the seized item if it has become out of control unwillingly. According to the rights of seizure A resulting from his relation with others, I explained the case of protesting against seizure of creditors against normal indictors and bankruptcy creditors in case of bankrupt debtors, in case of general delinquency or special delinquency for the seizure in debtor. I pointed out the commitments the seizure creditor regarding his duty to keep the seized item. He must take care of it and sell it if it is subject to damage, also show a record of its production and certify to give it back.
In the second subject of the same chapter, I discussed the invalidity of seizure right. I also pointed- out that the invalidity can take place as a result of fulfilling or what is considered as fulfilling as substitution fulfilling, exchanging, unifying both interests, renewal and mandating in fulfilling. I also pointed out the types of ending seizure right as failing to fulfill or not fulfilling because of exemption, impossibility of execution, cancellation or ending of contract. Then, I pointed out the effect of seizure on guaranteed right becoming old. After that, I dealt with the case of seizure ending (invalidity) essentially on the side of seizure when he fails to keep his commitment as not taking care of the seized item or because the seized item has become out of seizure control willingly or un willingly. In addition, I highlighted the ending of seizure right by the seized item owner if the seizure in debtor offers enough insurance (guarantee) for his creditor according to some regulations or if the seized item is damaged.
In the conclusion I mentioned the results I reached in most parts of this study together with relevant suggestions.
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التنظيم القانوني لحق الاحتباس