The Legal Basis for the Protection of the Right to Property in the Libyan Legal System: A Comparative Study

A Comparative Study

Abstract

This research addressed the legal basis for the protection of property rights in the Libyan legal system compared to some other legal systems. It was divided into two sections. In the first section,  the researcher discussed the nature of property rights in terms of its definition, characteristics, and elements. The second section was dedicated to the legal nature of expropriation for public benefit, focusing on its concept, characteristics, and distinguishing it from some similar legal systems.The research concludes with a number of results and recommendations, the most important of which is that the right to property is one of the most significant acquired real rights, which is protected by the noble Islamic Sharia as well as by most constitutions, laws, and judicial rulings. It is considered the broadest of these real rights and encompasses all of them. Furthermore, expropriation is a compulsory procedure that necessitates compensation, and the constitutional and ordinary legislator has restricted it with a set of controls, the failure to observe which results in the nullification of the expropriation decision and its susceptibility to challenge before the administrative judiciary.The recommendations consisted of urging the Libyan administrative judiciary to align with its French and Egyptian counterparts by exercising oversight over the appropriateness of expropriation decisions for public benefit, and not leaving the matter entirely to the discretion of the administration, as these decisions affect one of the most important human rights, which is the right to property