Arrangement of competing franchise rights in Palestinian legislation (comparative analytical study)

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.