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Civil Law

Explanation of Article 29

Explanation of Article 29

This article clarifies the methods of transferring original real rights, which are: the methods that lead to the transfer of the original real right from one person to another, which are:

  • First: Transfer of ownership by agreement, which means: the ownership of the thing is transferred from one person to another under a contract, such as: a contract of sale, a gift contract, and a barter contract.

  • Second: Transfer of ownership by inheritance, which means: the ownership of the thing is transferred to the heir after the death of the testator.

  • Third: Transfer of ownership by will, which means: the ownership of the thing is transferred to the legatee after the death of the testator.

  • Fourth: Transfer of ownership by prescription, which means: acquiring ownership of the thing by the passage of time, provided that the thing is possessed continuously, peacefully, openly, and with the intention of ownership.

  • Fifth: Transfer of ownership by accession, which means: something owned by one person adheres to another owned by another person, making it impossible to separate them.

  • Sixth: Transfer of ownership by preemption, which means: the right to forcibly acquire the sold property from the buyer, provided that the person is a partner in the property or a neighbor to it.

  • Seventh: Transfer of ownership by seizure, which means: taking possession of the thing, provided that the thing is not owned by anyone, and the seizure is with the intention of ownership.

  • Eighth: Transfer of ownership by other methods stipulated by the system, which means: any other method stipulated by the system, such as expropriation for public benefit or confiscation.

These methods are the same as those previously mentioned in Article (28) concerning the acquisition of original real rights, except that here they address the transfer of the right from one person to another, whereas there they address the initial acquisition of the right.

It is noteworthy that the provisions of this article apply to all original real rights, whether immovable or movable.

Related To

Article 29

  1. A person may not exercise his right in an abusive manner.

  2. A person’s exercise of his right shall be deemed abusive in the following cases:

a) If the right is exercised only to harm others.

b) If the benefit of exercising the right is substantially disproportionate to the harm it causes to others.

c) If the right is exercised unlawfully or for other than the intended purpose.