Registration as a condition for transferring real estate ownership | ||
| International Journal of Advanced Research on Law and Governance | ||
| Volume 4, Issue 1, June 2022, Pages 582-633 PDF (6.41 M) | ||
| Document Type: Original Article | ||
| DOI: 10.21608/ijarlg.2022.455920 | ||
| Authors | ||
| Mesfer Anwar Mesfer Al-Otaibi1; Mohamed Abdel-Zaher Hussein2 | ||
| 1Master's Researcher - Faculty of Law, Aswan University | ||
| 2Professor of Civil Law, Faculty of Law, Beni Suef University | ||
| Abstract | ||
| The seller is obligated to transfer ownership of the sold property to the buyer. The right to ownership of the property is not transferred between the contracting parties or to third parties except by registration. Failure to register, ownership remains with the transferor. The transferee, during the period between the contract date and the time of registration, has only a mere hope of ownership, without any right to it. In this regard, the Court of Cassation ruled that if it is proven that the buyer from the Real Estate Authority did not register their contract, the property subject to the contract remains with the selling authority. If it is allocated for public benefit, its allocation is considered to be state property, not property owned by an individual. Consequently, it becomes public property that may not be disposed of. This means that for ownership to be transferred, whether between the contracting parties or with respect to third parties, the sale contract relating to the property or real estate rights in general must be registered. This is what the Egyptian legislator meant when he stipulated in Article 934 of the Civil Code: "In real estate matters, ownership and other real rights shall not be transferred, whether between the contracting parties or with respect to third parties, unless the provisions set forth in the Real Estate Registration Law are observed." | ||
| Keywords | ||
| Registration; condition for transferring; real estate ownership | ||
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