The legal system for the transfer of real estate ownership

Yemen is a model

Abstract

The importance of real estate is evident through its close association with humans, generation after generation. This is land on which they establish their dwelling, and that they reclaim, and another they build on.
      This importance has also increased in the current era due to the variables and the broad effects of openness and development in various fields, which imposed a new reality and a fertile field for the diversity and complexity of studies in the fields of real estate ownership, especially the methods of transmission.
Therefore, since the real estate has a fixed space so that it cannot be moved without damage, then according to this determination in the advantages of its uniqueness from others, therefore, the subject of the research is based on an important part of a large-scale legal system that has been termed as real estate ownership because of its special place and great importance.
      The contemporary reality characterized by the accelerating seriousness changed from the traditional concepts of real estate ownership, which necessitated opening the way for jurisprudence and legal studies, and thus amending and introducing appropriate laws in many legislative systems of various countries of the world.
      As for the national level, the traditional concept of real estate ownership still prevails due to several factors and reasons that contributed to the lack or scarcity of the investment environment necessary to keep pace with the tremendous development in the real estate sector witnessed by many other countries, in addition to the jurisprudential and legislative stagnation in this field, which led to the introduction of Most of the contractors who practice traditional real estate buying and selling operations without knowing the responsibility and risks in light of the applied ignorance of the means of legal protection, that is a party that contracts with someone who does not own the property or with one or some of its owners only, or with someone who has previously sold or mortgaged the real estate or part of it, And so it went on until the national arena became full of real estate disputes in all its forms, so the courts crowded with thousands of cases, and the situation and activity of real estate became disastrous.
       Therefore, the importance of shedding light on the legal system for the transfer of real estate ownership by the sale contract, which was determined to be chosen as a subject for research and study, because of the foundations and controls that it contains to protect real estate activity and provide confidence and reassurance to the public while practicing it safely from dangers and responsibility.
      It should be noted that the Yemeni legislator did not specify the real estate sale contract by law despite the great importance that it enjoys, and therefore it remains subject to the general provisions stipulated in the civil law coinciding with its submission to the real estate registry law and in accordance with its nature of texts that may appear in other laws.
      According to the general rules, the real estate sale contract is characterized by a number of prevailing characteristics, however, the problem is related to what is the legally required transfer of ownership and its negative and positive impact with regard to consensual. As the general principle governing legal actions in general.