זכויות במקרקעין באזור יהודה והשומרון: הליכי הכרה, כללי הכרה וכללי הגנה

This Article presents a conceptual framework for evaluating the strength of a system of private property rights. This framework is comprised of three dimensions: (1) recognition procedures,namely, the processes required so that the person whose right is recognized based on these procedures is considered a legal owner. (2) The substantive norms of recognition of a private right, that is, the material rules a plaintiff claiming a property right must comply with in order to be the one who will be recognized as the right-holder at the end of are cognition procedure. (3) The rules for protecting a recognized right, governing the scope of protection granted to the right-holder against governmental and private takeovers through doctrines such as expropriation for public purposes, market overt or adverse possession.The framework developed in this article is then employed to examine recent developments in case law and policies that govern each of these dimensions concerning private rights in the Occupied West Bank.In particular, the article analyzes the political intention to renew the process of settlement of title for registering rights in land in the area. It also discusses three recent Israeli Supreme Court decisions: one regarding the status of land that has been left uncultivated. The second regarding the arrangement of a “kind of market overt regulation” regarding transactions of the government property commissioner in the area, and the third ruling is the repeal of the “Regularization Law” which sought to “regulate”construction on private land in the area by expropriating the land and declaring it government property.