القيود القانونية لحق الملكية العقارية الخاصة.

Abstract

This study deals with the subject of legal restrictions on the right to private real estate property, which is complex, mainly because it includes many other legal questions and concerns the social and economic life of both owners and non-owners. The subject of our study raises the following problem: To what extent do restrictions on the right to private property influence the limitation and protection of this right? To answer this problem, we presented the subject of our study in two chapters. In the first one, we detailed the right to private real estate property: its concept, the protection and the broad guarantees that this right enjoys. In fact, the legislator granted the property owner broad powers, and empowered him to exercise them within the limits permitted by laws and regulations. Hence, we find that the legislator did not make the right to private real estate property an absolute right, but rather limited it using a set of legal restrictions including those related to the public interest, and those related to the private interest. The basis of this limitation is due to the social function entrusted to the right to private real estate property. In fact, the owner must strive to achieve his own needs and interests without stripping private property of the social function. In the event that the owner violates this position, he is subject to the rules of liability. The latter is divided into two types: the responsibility of the owner on the basis of the error, which is the responsibility that is carried out according to the rules of exclusive responsibility, on the one hand, and the responsibility of the owner without error, which is the responsibility that occurs in the event that the owner commits an unaccustomed error, on the other hand. In the second chapter, we presented the restrictions of the right to private real estate property. We divided these restrictions according to the justifications of their existence into restrictions imposed in consideration of the private interest, which, in general, are restrictions on private law persons, and they are concerned with regulating private relations and interests between them, and regulating some transactions that take place between them. While the other category of these restrictions are decided due to the public interest, the aim of which is to achieve a set of goals, such as providing the real estate for the completion of major projects of public benefit, as well as organizing the urban field through a set of administrative licenses and legal and technical rules that are restrictions on the owner's right to construction. Also among those restrictions are the restrictions imposed by the legislator for environmental protection, because the latter is a common heritage for present and future generations, so it is everyone's duty to preserve them. We concluded our presentation of the types of restrictions imposed in consideration of the public interest by mentioning the restrictions of administrative agreements. These restrictions achieve the public interest of all beneficiaries, and also achieve the private interest of the owner.