القصد في الحيازة – دراسة مقارنة

Abstract

Intention is one of the elements of legal possession, without which it cannot exist and achieve its effects. This element require certain conditions to exist and in the absence of which the intention will not exist, and consequently the legal possession itself will not exist. There are two theories concerning possession namely: the subjective and the objective theories, differ with regard to the intention element in possession and the extent it is required to have legal possession. Consequently the different civil codes differ as to the conditions of intention element and the extent it is required for legal possession. Among these are the Iraqi and the Egyptian civil codes. This has resulted in differences in the range of rights that can be possessed and the extent of their legal protection.