The impact of possession on the registration of unregistered property A comparative study

Abstract

Abstract : Possession as a legal system is not a modern system, it is a system that peoples have known since ancient times, and it has been applied in legal systems since the Roman era, then gradually moved to the laws of the Middle Ages and extended to our current era, where most modern legislation, including the French legislator, derived its legal rules from the provisions of Roman law and Islamic law, but in terms of possession, it moved towards the provisions of Roman law, so it considered in Article (2228 and following) that the acquisitive prescription is a reason for ownership and other real rights. As for the Iraqi legislator, according to the legal provisions stipulated in the Civil Code in force in Article (1145), it took the rule of possession as a reason for acquiring ownership. As for the Egyptian and Lebanese legislator, they did not deviate from what was organized by both the French and Iraqi legislations regarding possession, as they devoted a large part of the legal texts to it.