COMPARATIVE OVERVIEW ON THE PROCEEDINGS OF TRANSFERRING OWNERSHIP OF PROPERTY AT DEATH BETWEEN U.S. AND SAUDI ARABIA.

Abstract

What has been established in the field of rights is that its only source is law. It is the decision for the reasons that create the right and the reasons that acquire and transfer rights. Rights, as is known, vary and diverge. The right may be in kind, original or consequential. The right may be personal. One of the most important original rights in kind is the right of ownership. This right is the way to acquire and obtain it legally. The right of ownership may be directed to a movable or real estate. If ownership is based on a property, the legislator is required in the process of acquiring this property, or transferring it in several stages, until the real estate is transferred from one person to another because the property has a status It is important and vital in the field of social and economic development. Real estate is an important source of profit for the state treasury, through which the tax imposed on the transactions of individuals in their real estate is obtained. Therefore, we find that the legislator has distinguished real estate with several advantages. The most important feature of real estate is to require the legislator in the process of transferring its ownership to a series of stages, starting to document it until its registration, and the process of making it famous. Because this topic is one of the most important topics that should be taken care of and given a great deal of importance as it relates to the property of individuals, whether real or personal property, and because it is one of the most disputed topics, especially after death, specifically in the event of non-division, donation, or even guardianship, in addition to the inadequate qualifications of judges, poor outputs, and the lack of specialized persons in this field, the legislator has decided to make some changes to the current law in order The second portion of the paper offers a historical analysis of how ownership of real estate in the Kingdom is passed down from one generation to the next after a person's passing. Saudi Arabia, first, to describe the Saudi Constitution, and then, regarding this topic, to review the perspectives of the four different schools; In the third segment, we will talk about the transfer of ownership of real estate after death by will in both the Saudi law and the American law. We will compare and contrast the two legal laws with regard to the similarities and differences that exist in this area. This paper will come to a close with the fourth portion.