المعيارُ المُميِّز لعقدِ الإجـارة الطويلةِ (دراسة مُقارنة)

Abstract

The civil law dealt with the Lease contract in general with in the section devoted to personal rights , while it mentioned the right of a long lease with in the rights in kind without introducing specific provisions for right , and if it is evident to distinguish between them  in the sense that the first is a personal right and second is a real right , but it is necessary to set a specific standard that separates them , because both of them respond to the ownership of a known benefit by a known compensation for a known period ? Then , the real Estate Registration Law has dealt with the right of a long lease with the right musataha and subjected the first to the provisions of the second , but there are difference between hem that were not clarified by the Law , and the research tries here to set a standard separating between them , and for the purpose of briefing the topic , the researcher divided this research into two topics. in the first section he spoke about the objective criterion for a long lease contract , while in the second topic he dealt with the formal criterion for this contract , indicating the duration of this contract in terms of its maximum and minimum , and the necessity of establishing construction on the land and the necessity of registering this contract in it, it is clarified how the compenstation will be calculated for the lessee if the contract is terminated before its term.