Heliyon (May 2024)
Comparative legal perspectives on voluntary restraints: Analyzing the adaptation of preventive conditions on property rights
Abstract
The difficulty of the unique nature of the conditions for preventing action, which deviates from the norm of well-known and established legal systems, has caused great differences among legal jurists. This systematic review examines the preventing condition in the French and Palestinian legal systems, analyzes the justifications presented by jurists, addressing criticisms, clarifies different directions that have emerged, and compares it with the Egyptian legislation. These countries were selected after reviewing the laws related to the phenomenon and realizing the existence of differences between them in this regard. The PRISMA protocol was followed for conducting a review of papers written by Egyptian, French or other writers, and journal articles published in reputed international journals and published in (Sciencedirect, Google Scholar, Researchgate, JSTOR and Google Books). It was conducted during July and August 2023. Moreover, studies that addressed the legal conditions that prevent action were included. The findings reflected that from the initial 431 studies reviewed, 49 met the inclusion criteria. The legal conditions that prevent action have been considered by the relatively small number of studies included in the review. Researchers from different countries examined the phenomenon, and concluded that although jurists have presented several justifications, none has succeeded in explaining the judiciary's doctrine. Accordingly, we find upon examination some jurists expressing their confusion in justifying the passage of the condition of act prevention by invalidity, and concluding that it is an unjustified course of conduct. Therefore, this study gains its uniqueness through its determination of the proper legal adaptation of the preventing condition.
