The Privacy of the Non Owner Occupancy Law Suits

Year: 
2015
Discussion Committee: 
Dr.Gassan Khaled/supervisor
Dr. Mohamad Khalaf/external examiner
Dr.Ali Sartawe/internal examiner
Supervisors: 
Dr.Gassan Khaled/supervisor
Authors: 
Gadeer Fouzi Husain Anabousi
Abstract: 
This letter addressed three lawsuits tenure and showed.. And showed that it varied between the suit and the suit to recover possession cessation new suit and prevent exposure and showed that these claims but proceeded to protect tenure as a legal presumption of ownership and the right of these claims but proceeded to protect public order until the search in the King case, They had to study the issue of tenure starting and then Grassh rest of the relevant molecules, and it has been studied in the first chapter the concept of tenure, as Flao or authority realistic intimate with winning thing so that it is in outer appearance and in the intent-winning practice of ownership or right to my eyes last.. Then the bases and showed that it is based on A material element of physical power over the thing and a pillar of moral intention of ownership and addressed the terms of the acquisition to become subject to claims of right of tenure, a clarity and appearance and to continue.. In the second chapter of the three types of claims dealt with a study of comparison between the draft Palestinian civil law and civil legislation Jordanian civil legislation Egyptian and showed the legal basis for each type of species and the sentence, Vdauy recover possession based on the idea of protecting public order and do not require individuals of their rights for themselves and protect the situation seems stable add to the possibility of a lawsuit from Winning original cross-winning and it's held against the usurper or his successor, and the decision of the court is the response of tenure if gathered conditions, the most important condition to continue for a year and are excluded from the base case of stripping winning for possession by force Here the judge cold tenure judged if it is only one day continues, Then a lawsuit to prevent exposure, which is a lawsuit original tenure because they do not take place only from the award on behalf of himself and not be the winner of the cross and flying in all forms of exposure to both physical exposure or legal issue judge judgment remove all material business or legal consequent obstruction Alayntvaa drug or deny the possession and so on Using restore the situation to what it was before for exposure The suit new business stop was explained as a case of preventive based on potential interest designed to stave off possible to fall in the future and the judge ruled to suspend business, which began without removed with the judgment on the applicant to provide ensure ensure the defendant's every malfunction and damage if it turns out that he is right in his claim. The third chapter talked about the terms of the jurisdiction of the urgent matters incoming judge in Article 102 of the Code of Civil and Commercial Procedure Code, as the owner of the general mandate into all cases feared them that the time and the nature of the request and the applicability of the terms of the urgent demand for the types of the three exit the outcome of the final effect that interim relief judge specializing into a lawsuit to stop the business seriously And some cases of a lawsuit to recover tenure as judge for urgent matters in these cases verified in the availability of urgency without compromising the origins of right and without establishing spend the reasons derived from the continued right where to go to court normal Whatever failed to truth sought protection in these cases may resort to urgent justice for interim rule here and the judge decides to take temporary measures to protect Tenure The suit prevent exposure they suit each case objectively and graduated from the jurisdiction of the interim relief judge.
Pages Count: 
95
Status: 
Published