The Means of Ownership Transfer of the Unregistered Lands in Palestine "A Comparative Study"

This study addressed the issue of lands that have not been settled and those excluded from settlement. The study is important because of its significance in the present life and due to the great number of problems that result from it in contrast to lands that have been settled. An evidence on this is the intervention by the Palestinian legislator in an attempt to set a unified law for lands in the West Bank and Gaza. The researcher has divided the study into a preface and two main chapters as part of a comparative and analytical study between the Palestinian Civil Law and the Jordanian laws related to lands that are still applicable, in addition to the Egyptian law. In the preface, the researcher discussed the historical period related to lands in Palestine and the colonial countries that ruled the area. The researcher also shed light on the most important laws that were applied on the different types of lands in each of these historical periods. This is done to enabled the reader to recognize and understand the legal and historical framework of ownership of unsettled lands before shifting to talk about the means to obtain this ownership. In the first chapter, the researcher discussed the means that lead to obtaining ownership of unsettled lands. And due to the importance of this issue, the researcher divided the chapter into four parts. The first one was dedicated to the sales contract and the power of attorney in which the researcher explained sales contract, their definition, how to apply them in settled lands and the unsettled lands, in addition to external sales contracts. After that, the researcher explained the meaning of irrevocable power of attorney, its definition, origin, and its use in courts, the case in which the seller refuses to execute it and finish up the selling process, as well as the case in which heirs refuse to execute the sales. The researcher divided the second part into to sub-parts whereby the first one talks about the decisions of courts, their execution and the problems that result from them. In the second sub-part the researcher talks about the cases in which limitation is interrupted or suspended in courts' decisions. The third part includes two sub-parts in which the first talks about gain limitation, its definition, conditions and how it can be proved. The second sub-part talks about the statute of limitation, its definition and conditions. In the fourth part which consists of two sub-parts, the researcher talks in the first sub-part about the priority in lands that have not been settled, its definition, the type of people allowed to claim such priority. In the second sub-part, the researcher talks about the legitimate claim, its definition and causes. The researcher also explains the new registration of lands that have not been registered in the records of the Department of Land and its procedures from the practical perspective. In the fifth part, the researcher talks about inheritance and explains it in three sub-parts. In the first one, the researcher talks about inheritance in Islamic Law, while in the second sub-part, she talks about the Law of Inheritance for the year 1923 modified through the Law No. 19 for the year 1944. The third sub-part discusses the Temporary Immovable Money Transferring Law No.8 for the year 1941. Finally, the researcher included a conclusion that presented the most important results, recommendations and suggestions that she has achieved through this study.