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The social function of property law

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Chapter Summary

This chapter demonstrates how it was evident to ʿAbd Al-Razzāq Sanhūrī that concrete social changes and outcomes aided by the New Civil Code would be secured primarily through property law, just as existing social order in Egypt was founded on land and property laws. In the New Code, Sanhūrī did not oppose the individual right in property law, but added that "the right to property is both individual and a social function," thus transferring the weight of the property right from the individual to the collective sphere. The New Code imposed a series of restrictions on the right of property, which thus became relative to other surrounding rights, or to any other interest as decided by society. True to the approach of sociological law, Sanhūrī viewed the laws of cooperation in property as a key social value that could radiate mutual dependence throughout Egyptian society.

Keywords: ʿAbd Al-Razzāq Sanhūrī; Egypt; New Civil Code; property law; social function



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