Condition inhibitor from Acting in light of the Saudi Civil Transactions System and comparative legislation

Abstract

Ownership is the basis of real rights and A Expand its scope, and in order to perform its social function, it isRestrictedNot to harm the interests of others or affect the public interest,These restrictions vary between restrictions:LegalIt is stipulated by law.,and restrictionsVoluntaryBack todealPeopleAnd their wills forLimit the owner's actions inOwns it, And this type is based onPeople's willwhatIt is called "the condition preventing action.".
Contemporary laws have differed in their adoption of it, because it constitutes a restriction on the most specific elements of ownership, which is the owner’s right to dispose of his property, and because its effect affects economic movement and the circulation of money. Therefore, the principle was to prohibit it and permit it under certain conditions. This study comes to shed light on this topic under the title: The condition preventing disposal in light of the Saudi Civil Transactions System and comparative legislation.
Where you knownnThe condition preventing disposal, its legal classification, the conditions necessary for its validity, and the effect of the absence of any of these conditions,Then the effects of the condition preventing action,This was done by using the descriptive, analytical, and comparative approach. The study concluded with a number of results, the most important of which are:
1- A condition preventing disposal is a voluntary restriction on the owner’s actions, whether it is due to the will of the contracting parties, such as a sale, or due to a single will, such as a will.
2- The condition preventing disposal must be for a reasonable period.,To protect the legitimate interest of the disposer, the disposer or a third party;So that it is permissible, and it is invalid if any of these conditions are not met.
3- The system decided to protect others.-who isGood faith-When dealing with a person prohibited from disposing of a transaction, he has the right to compensation.
4- Islamic jurisprudence preceded in explaining the provisions of the condition preventing disposal;Whether in a contract of exchange or donation,andJurists have mentioned its various applications.