The Impact of Possession on Ownership of Movable Property in the Saudi Civil Transactions Law

(A Comparative Study)

Abstract

This research examines the impact of possession on the acquisition of movable property under the Saudi Civil Transactions Law. It analyzes the statutory rules governing possession, its conditions, and its legal effects through a comparative study with Islamic jurisprudence and comparative civil laws—particularly the Egyptian and French laws—as well as the laws of the Gulf Cooperation Council (GCC) countries. The study aims to determine whether possession constitutes an independent means of acquiring ownership of movables or merely serves as a legal presumption of ownership. It further outlines the essential requirements for such acquisition, most notably good faith and valid cause, while clarifying the exceptions to this rule, specifically regarding stolen or lost items and movables that require official registration. The research employs descriptive-analytical, comparative, inductive, and deductive methodologies to analyze statutory provisions and jurisprudential opinions, while reviewing relevant judicial applications. The study concludes that the Saudi legal system has adopted the principle that possession of movables constitutes a legal presumption of ownership, aligning with the established principles of Islamic jurisprudence, rather than being an independent title (instrument) of ownership as practiced in certain comparative legal systems. Finally, the research presents several recommendations aimed at enhancing the statutory and judicial framework governing the impact of possession on ownership, thereby strengthening legal certainty and reducing practical disputes.