2016 Int'l Rev. L. 1 (2016)

handle is hein.journals/inrevla2016 and id is 1 raw text is: 




















    *mouhan nad. no uh@qu.edu.q a






































http://dx.doi.org/10.5339/
irl.2016.1
Submitted: 11 December 2015
Accepted: 19 March 2015
( 2016 Nouh, HBKU Press. This is
an open access article distributed
under the terms of the Creative
Commons Attribution license CC
BY 4.0, which permits unrestricted
use, distribution and reproduction
in any medium, provided the
original work is properly cited.



- FSCI AC.,com
       An Inhiatve of Qatr Fomdahon


                                                                  INTERNATIONAL
                                                                  REVIEW OF LAW













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In rem   administrative rights: A comparative study


Abstract
The common   rule in Arab countries and France is that public funds may not be handled in any way,
therefore, all in rem rights that could pertain to public funds become void. However, this prohibition
has begun  to fade in France in recent years. Legislators have realized that public funds, real estate
funds in particular, must be utilized in investment and development. This would only occur by
strengthening the legal status of those who handle public funds, which requires that the in rem
rights of those handlers be recognized in order to stabilize the legal relations needed to pursue the
investment of public funds. This would break the traditional historical prohibition that has prevailed in
France for a very long time.
    If this is the case, it must be noted that there are two in rem rights that have been recognized in
France. These are in rem administrative rights that are distinct from in rem rights as defined by civil
law. The legal system for civil in rem rights differs from that for in rem administrative rights, which is a
legal system shaped by the legal nature of public funds that is always subject to legal rules that takes
into account the necessity for these funds to be allocated for the public good.
    The French legislature has recognized a special right of ownership of others over public funds.
It has also permitted the possibility of drawing up an exclusive lease on public funds belonging
to local associations and their affiliated public corporations. The legislature has made these two
rights subject to a meticulous legal system that balances the rights of management to maintain

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