مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL


The Bureau for the Interpretation of Laws adaptation of the right to recover the real property as an abolishing clause in the judicial sale of the property leads us to examine the impacts of this right in both stages that this clause applied on، the suspending stage and affirmed stage of the clause. In this regard، we found that the right to recover in the suspending stage tied with a legal restriction burden on whom be remitted the right not to dispose of the recovered property neither by swapping، donation، mortgaging or parcelling (demarcation). Therefore، we examine the impact of legal actions outside the scope of the restriction، and its entry into force in front of the debtor، Consequently، the extent of its impact on the purposes sought by the legislator from its adoption initially.

While the legislator did not state the impact for violating this legal restriction، the judgments of courts deemed this situation as null. However، we found that what is appropriate with the general provisions in this regard is to consider the offending act as suspended for the right of who could have an interest. Then we discuss the right to recover after its effects achieved، whether related to the legal actions، or to the effects of harmful facts on the property such as demolition and flawed، or what was beneficial to the property such as building or improving it or connected to the effects of the acquisition of this property or implementation by creditors.

To conclude، the effects of the right to recover the real state have serious problems that make it a reason for legal conflicts، which led us to seek to abandon its idea existence entirely.



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