الشرط المانع من التصرف : دراسة في حق الملكية في القانون السوداني والمقارن

Abstract

abstract The research aims at studying the obstructive condition in property with reference to the Sudanese and comparative Iaws. The property right is associated with the existence of human, and this right came on top of other rights with special characteristics that distinguish it from others. Property right is only bound by legal and agreement restrictions; of these is the obstructive condition . The study identified the obstructive condition; its definition and characteristics, as well the realization of this condition to the presence or absence the commitments towards it. The condition can be found in contracts . The condition occurs in legal contract and will from standpoint of view . The condition found in every right , and commonly found in contract. A s it is regulation for special reasons that lack the strong reasons behind it. There is direct relationship between obstructive condition and the general discipline. This condition resulted in money being frozen for a while and this may affect the national production level and consequently money transfer, and this from the general public order. The study revealed that this condition in its current form was not indicated by Muslims’ clerk. The condition the theme of the study is a condition for a defined period of time; to secure real and legal benefits. These conditions are invalid, the obstructive condition will no longer be working . Sudanese law accepted this condition the way lmam Malik did , due to the fact that the benefits is little, and the condition did not result in the abolishment of the purpose behind the contracts or the will, which is the ownership the person can own it, but it is not allowed to use it for a defined period of time . The research indicated the practical importance of the registration of this condition, and even regards its registration as a tempo ray condition . The research clarified the legal impact of this condition; in terms of its location ( liable to attachment and execution ); the period of being active the abolishment of any action that is against with this condition