The mechanism of owning the mewat lands after Their acquisition.

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Dr. Mamdouh Mohd Mamdouh Alresheidat, Dr. Mohammad Owad Hammad Zubid

Abstract

   Real estate is characterized as stable money suitable for production and exploitation over time. The legislation of these rights has evolved in Jordan and the Arab and Islamic countries since the Islamic conquest until today in many periods. Its cruelty and tyranny have been mitigated by what Islamic legislation and jurisprudence have introduced to it of the principles of justice, fairness, equality, and compassion for the oppressed classes in the land that the Holy Qur’an heralded with sincerity, liberation, and sovereignty. Today, however, the Jordanian legislator has set out to develop a special and integrated legislation that regulates real estate ownership, with the Real Estate Property Law No. (13). ) for the year 2019 ( ), and that the property system and related provisions of original in-kind rights are among the systems that are not subject to mere artistic industry and abstract explanatory logic only, due to the connection of its causes to the social and economic entity of each society and because it is in rapid development and dynamic movement. The fact that real estate and the goal is to compile a large number of laws into one law, but the position of the legislator was not clear in his division of real estate, and his treatment of the mechanism of individual ownership of real estate by squatting in a clear manner, and when we deal with the reasons for acquiring ownership represented by obtaining what is permissible and possession, and how to transfer ownership, we find that they are inconsistent with the text Article (60) of the Civil Code, and this leads us to the next question: Does seizing real estate owned by the state by means of these two reasons lead to the transfer of ownership to individuals? Pre-recorded ( ), since the study of the new law, and the previous laws, which varied between them, due to the difference in the legislative philosophy that coincided with the development of these legislations, which in turn were affected by circumstances that varied between them from one legislation to another, and some of which reached the point of executing any effect on the contract of sale of real estate other than Registrar that required registration to conclude this contract, or to delay the transfer of ownership, or to invoke it among the contracting parties, or with regard to others, to a varying extent between the legislative texts that stipulated registration for that, and an indication of whether the new law under study solves these issues or not.

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