حقوق المالية في القانون المصري

Introduction

• Human reliance on objects, individual effort, and the efforts of others necessitates a legal framework.
• This framework delineates individual positions within society, ensuring appropriate production levels and balancing rights with obligations.
• Financial rights, crucial for interactions between individuals, necessitate legal regulation addressing potential disputes.
• Egyptian legislation recognizes the significance of financial rights, aiming for equilibrium and stability.
• Financial rights are categorized into personal rights (relationships between individuals, the creditor and the debtor, involving obligations like actions or refraining from actions or providing something) and real rights (direct rights over a definite object, not requiring another party's involvement).
• Real rights further subdivide into primary and secondary rights.
• This study focuses exclusively on primary real rights, specifically property rights and associated rights.
• Property rights, the most comprehensive real right, are extensively regulated in Egyptian legislation, spanning articles 802 to 984.
• Property rights are associated with rights of use, exploitation, and disposition, but these rights are subject to limitations concerning their extent (e.g., altitude, depth).
• Legal recourse is available for protection and recovery of property rights.
• Property use is not absolute but subject to legal and contractual limitations (e.g., proximity rules, reasonable conduct, contract-based restrictions).
• Property ownership types encompass individual and collective ownership.
• Common property often results in disputes and complications necessitating meticulous legal consideration.
• Property rights are fundamental, evolving from individual to collective ownership.
• Property rights engender subsidiary rights like usufruct and easements.
• Legal acquisition methods include occupation, pre-emption, accession, contract, testament, inheritance, and possession.
• This study specifically focuses on occupation, accession, pre-emption, and possession.

Study Approach

• The learning approach differs from previous methods (including rote memorization and structured knowledge assimilation leading to limited skills).
• Self-directed learning involves moving from traditional methods, promoting knowledge creation and innovation.
• This approach is beneficial for students, particularly in law, as a preparatory step for academic advancement (master's and doctoral studies) and practical applications (judiciary and legal practice).
• The study material covers six chapters: (1) Defining property rights, (2) scope of property rights, (3) property limitations, (4) regulations on common ownership, (5) auxiliary rights, and (6) methods of acquisition.

Chapter Objectives

• The first chapter aims to develop students' understanding of property rights (meaning, elements, traits, societal role).