The role of registration in acquiring real estate through prescription in Egyptian law (An analytical study between the two laws: No. 114 of 1946 and No. 9 of 2022)

Document Type : Original Article

Authors

1 Faculty of Law, Ain Shams University

2 colleg of law

3 cooleg of law

Abstract

This research is a reading in the Real Estate Publication Law No. 114 of 1946 and its amendments under Law No. 9 of 2022 with regard to the issue of indicating the effect of prescription in the transfer of real estate ownership, by following the comparative analysis method to show the difficulties that were included in the old Law No. 114 of 1946 and prevented State registration and inventory of real estate ownership, not to mention the large number of judicial disputes between people due to customary sales. Hence, Law No. 9 of 2022 came to overcome these difficulties and provide many facilities towards registering real estate ownership, the most important of which is the registration of the physical incident associated with five-year possession and a customary contract and the electronic registration of month requests.



The problem of this research may be embodied in the question whether the statute of limitations accepts registration, and then is valid by registering it for the transfer of real estate ownership? In order to answer this question, we divided this research into two sections, in the first of which we dealt with the difficulties of transferring ownership through the statute of limitations in Law No. 114 of 1964, and we devoted the second topic to the study of the facilities included in Law No. 9 of 2022 regarding the registration of the statute of limitations.

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International Journal of Doctrine, Judiciary and Legislation
Volume 3, Issue 3
Issue 3, 2022
October 2022
Pages 627-649

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