Arrangement of competing franchise rights in Palestinian legislation (comparative analytical study)
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Abstract
The study addressed the subject of arranging competing privilege rights
in Palestinian legislation "A comparative analytical study" where the
nature of privilege rights, their types and divisions in the Palestinian Civil
Law and the Palestinian Enforcement Law in force were addressed.
The problem of the study revolves around the legal conflict existing in the
arrangement of privilege rights between the Palestinian Civil Law and the
Palestinian Enforcement Law and the extent to which this conflict can be
overcome and what is the role of the court in removing the conflict and
the law that is first to be applied in the event of cases of conflict and
priority of fulfillment.
The comparative analytical approach was adopted to research and analyze
the texts of the Palestinian Civil Law No. 4 of 2012 that dealt with
privilege rights and between those texts that defined privilege rights in
the Palestinian Enforcement Law.
One of the most important results reached is that privilege rights are
rights that attach to the original debt of the debtor and that they are not
determined except by the text of the law and there is no room for the
parties to agree on these rights or for the court to grant any debt this
characteristic without the legal text on it.
One of the most important recommendations that we can offer to the
Palestinian legislator is to amend the legal definition of franchise rights,
specifying that these rights are subordinate in kind, and that they grant
their owner the right to track the money that is the subject of the debt, in
whatever hands it may be.