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العنوان
حق الأجنبي في التملك والاستثمار العقاري :
المؤلف
الصوملي، عبدالكريم يحيى يحيى.
هيئة الاعداد
باحث / عبدالكريم يحيى يحيى الصوملي
مشرف / أبو العلا علي أبو العلا النمر
مشرف / محمد عبد المنعم حبشي
مشرف / علي أحمد وهبي
تاريخ النشر
2015.
عدد الصفحات
838ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
29/11/2015
مكان الإجازة
جامعة عين شمس - كلية الحقوق - قسم القانون الدولى الخاص
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 16

from 16

المستخلص

Summary
Property right is one of the rights where foreigner position differs from the national one in terms of possession and recognition of the host country and the international community, especially to recognize the extent of foreigner’s right to own real estate and land, and whether it is a right approved by the international law which imposed on the countries to treat foreign with minimally rights determined for foreigners in international charters, norms and civilized countries; or is it a license from the country by which regulates its property in order to achieve its interests?
Public international law recognizes each country with sovereign by full freedom in regulating property and possession of money in general within its territory, whether the invested money is national or foreign. However, when developing countries, seeking for development and industrial progress, plans for a promising future, they should direct their national policies toward the expansion of property, possession and investment of foreigners in various economic sectors, including real estate to create more jobs and reduce poverty.
The current study addresses the foreigner’s right to own property and real estate investment, starting from the legal texts in both the Egyptian and Yemeni legislations, as well as the Gulf regimes and some Arab and foreign legislations, according to the requirements of the research, availability of scientific material, the diversity of real estate and land, and the purpose of the property and utilization. The study was divided on four axes; First: the first section which deal with the positivism legislation stand of the extent of foreigners’ right to own built real estate and land space for the purpose of housing and business and non-investment activities, it is a private law organizes foreigners’ property on the host country territory, by an exception to the general prohibition, the current study is a comparative study, starts with Egyptian legislation then followed Yemeni legislation, then chapter two addresses that property in comparative legislation especially Gulf regimes, as an interested countries in real estate investment field, which has reached the real estate boom, then move to the second section with a horizontal comparison in two chapter, limited to the Egyptian and Yemeni legislation, which address the extent of recognition of the two legislations for allowing the foreigners to own agricultural, desert, archaeological and border land, in which they originally prohibited to own for security, political and economic considerations. As the fact that real estate is a national and economic wealth, and consider part of the territory, then the current study allocate legitimate chapter to show the extent of Islamic jurisprudence recognition and its greatest jurist opinion about foreigners’ property of real estate and land, whether be used or rented in Dar Al-Islam for the purpose of housing and residence or business and commercial activities, and the rule of foreigners’ ownership of agricultural lands through inheritance and commandment all that in a separate section includes four chapters with a comparison with positive legislations according to the requirements of the research, with an indication of the most correct opinion chosen by both Egyptian and Yemeni legislators and jurisprudence statements. The study concluded with the section four, which addresses real estate investment in two chapters, the first deals with the extent to which the foreign investor has the right to own and use real estate in the host country for the purpose of investment, while the second chapter addresses real estate investment areas and protection procedures in encouraging investment legislation, focusing on the main paths related to real estate investment as an integrated system, including the smallest details in both Egyptian and Yemeni legislation and comparative legislation, and then the study concluded with the most important results and recommendations reached by the researcher, all preceded by an introductory chapter that shows the extent of the historical and legislative development of the concept of the foreigners’ right to own property and real estate investment.