النظام القانوني للملكية العقارية الخاصة للدولة “دراسة مقارنة”

The legal system of private real estate ownership of the state " A comparative study "

Private real estate property may be privately owned by individuals, in which they have full ownership rights, or state-owned property, in which they also have full ownership rights. This is a division that takes into account the ownership of this property in relation to its owner.
State funds, in turn, are divided into two parts. Some of them are what the state has ordinary ownership, similar to individuals’ ownership of their money. These are private funds or what is called (the private domain), and some of them are allocated for public benefit, and this is called the public domain of the state and is called (the public domain).
The difference between the state’s public and private property arises in that public property is subject to a legal system different from that which regulates private property. The state’s public property is governed by public law, while the state’s private real estate property is subject to the provisions of private law in most cases, or to special laws that regulate its provisions. The dispute between the two properties also highlights that the state’s public property may not be disposed of, seized, or owned by a statute of limitations, in order to ensure the protection of this money and the importance of the role it plays in achieving public benefit, while the state can dispose of its real estate property in all permissible ways, so it can sell it. Or renting it or arranging rights over it, such as a musataha right, or investing in it.
The state’s private real estate property is the money that the state owns privately, which it exploits and disposes of in accordance with specific provisions. The state’s right to private money is a private property right, not an administrative property right, as is the case with public property.
Also, the reasons for acquiring private real estate ownership for the state were not only one form, but rather multiple, depending on the angle from which it

could be looked at. The state may own its own real estate properties through the normal methods of acquiring private real estate ownership for the state, such as the state owning its own real estate properties in exchange for financial compensation, whether Through a purchase contract, through barter, through pre-emption or adhesion, or through acquiring private real estate ownership for the state without compensation, whether through gifts made to the state, or through bequeathing real estate properties to the state, or through vacant estates in which there is no one. He demands it, so the state seizes it in accordance with the procedures established by the law. The state acquires its private real estate properties by converting public property into private property of the state upon the end of its allocation for public benefit, so it returns to the private property of the state to be disposed of in all permissible manners.
The state may acquire its private real estate properties through unusual methods. The state owned its private property through expropriation, agricultural seizure, or through seizure and confiscation. These methods are among the means by which the state is exclusively unique in acquiring its private real estate properties. Individuals do not have the right to resort to them to gain Their own property.
The state has the right to dispose of its private real estate properties as the owner would, so it has the right to sell them, rent them, or grant the right to musataha or invest in them. However, the state must have a specificity that distinguishes it in terms of its permissibility to dispose of its private real estate properties from the disposal of individuals by imbuing the state’s actions with a group of The procedures differ from the procedures for disposing of private property belonging to individuals.