Acquisitive Prescription in the Palestinian Legislation “A comparative Study”

Authors

Sally Alawna, Ali Sartawi

 

Abstract

This study seeks to investigate acquisitive prescription as an effect of ownership. Acquisitive prescription is considered as a means that can be used by the holder of rights in rem who has possessed this right for a specific period to stick to his right of ownership. The purpose of acquisitive prescription or the passage of time from not hearing the case is to achieve benefits not only on the part of the holder but also on the part of the owner and society. This helps avoid having disputes and chaos through the compatibility between the legal status and the actual one. Journal of Justice Judgments and the Jordanian Civil Law took into consideration the passage of time in order to hear the case. This passage of time prohibits hearing the case and does not give the possessor of rights in rem as rights are not dropped by the passage of time. However, the means given by law to the possessor of rights in rem is dropped by the passage of time. The Egyptian law considers acquisitive prescription and as a result it gives the possessor of rights in rem the right of ownership. The study reached a number of findings and recommendations among which is that acquisitive prescription is not enforced in Palestine and that the idea of statute of limitations is only enforced.

DOI: 10.51958/AAUJBL2025V9I2P3