Document Details

Document Type : Thesis 
Document Title :
Expropriation's guarantee for the public benefits in Saudi Arabia
ضمانات نزع الملكية للمنفعة العامة في المملكة العربية السعودية
 
Subject : Faculty of Law 
Document Language : Arabic 
Abstract : The right to property is one of the most fundamental rights protected by Islamic law, constitutions and regulations. Therefore, if public interest requires allowing the administrative authority to violate this right and enable it to expropriate real estate, this should be accompanied by a number of guarantees that protect the right to property and the rights of stakeholders before the administration. Thus, the study aimed to investigate the legal guarantees established for expropriation of real estate for public interest and to explain the extent of their effectiveness and adequacy, in addition to explaining the role of the judicial system in promoting these legal guarantees. The study relied on the descriptive and inductive approach to explain the legal guarantees for the expropriation of real estate in accordance with the system of expropriating real estate for the public benefit and placing temporary control over the property, in comparison with the Egyptian law. The study reached a number of results, the most important of which is that the Saudi regulator has provided several legal guarantees for the expropriation of real estate, and these guarantees can be divided into procedural guarantees represented in obliging the administration to achieve the legal conditions for expropriation and to follow the legal procedures stipulated by the system, and adherence to the regulatory periods mentioned therein, In addition to objective guarantees represented in the selection and proper interpretation of the public interest works that the administration chooses as a justification for expropriation, and the necessity that the compensation corresponding to expropriation be a fair compensation for the damage, and one of the guarantees imposed in this system is judicial control of the expropriation decisions and the administration’s assessment of compensation; The study also concluded that the expropriation by the administration without respecting the legal procedures requires compensation for the property in addition to compensation for damage resulting from this infringement, and the compensation fairness rule stipulated by the regulator also requires that the compensation value be in excess of the market value of the property. 
Supervisor : Dr. rajab mohammed alsayd ahmed 
Thesis Type : Master Thesis 
Publishing Year : 1441 AH
2020 AD 
Added Date : Tuesday, June 9, 2020 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
ميمونة ابراهيم الغامديAlghamdi, Maymona IbrahimResearcherMaster 

Files

File NameTypeDescription
 46340.pdf pdf 

Back To Researches Page