苏丹农业合同的比较综述

Gian M. Piccinelli
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引用次数: 0

摘要

与其他非洲国家一样,苏丹也经历过与土地所有权相关的挑战,而在南苏丹脱离苏丹之前,苏丹曾是非洲最大的国家,这加剧了这种挑战。传统上,苏丹的土地由部落集体持有,由酋长或部落领袖通过习惯法管理。在这种制度下,个人的土地权利来源于他们在社区或部落的成员身份。根据习惯法,专门保留供公共使用的特定区域,个人可以作为共享资源使用。这一概念与现代术语中的本地共同利益概念一致,正如法律的经济分析所描述的那样,所有权防止个人排斥他人。排除他人的权利不适用于这种情况。这些传统习俗基本上没有受到殖民和后殖民政府的影响,这些政府根据国家分配土地的权力,引入了单独的土地所有权制度。除了这些习俗外,伊斯兰教作为一种宗教信仰也发挥了重要作用,它提供了与习惯传统交织在一起的原则和规定,形成了具有约束力的法律体系。然而,宗教规则本身只是活法的一个组成部分,其内容是通过与习俗的相互作用而形成的。苏丹的官方土地法受到殖民做法的影响,历任政府对其进行了修改,但基本上仍然植根于殖民土地法。这些法律最初的实施是为了没收大片土地用于商业农业,特别是棉花生产,并规范城市居民,以支持殖民政权的安全。与农村土地所有权相关的一个基本问题源于1898年英国殖民政权引入的原则,该原则假定未经登记的土地归政府所有,除非有其他证明。考虑到这些前提,本文的目的是分析苏丹的土地法,特别是主要类型的土地合同。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A comparative overview on agricultural contracts in Sudan
Sudan, like other African nations, has experienced challenges related to land ownership, aggravated by its previous status as the largest country in Africa before South Sudan’s secession. Traditionally, land in Sudan has been held collectively by tribes, managed by chiefs or tribal leaders through customary regulations. In this system, an individual’s right to land is derived from their membership in the community or tribe. Specific areas for communal use are exclusively reserved under customary law, where individuals can access them as a shared resource. This concept aligns with the notion of a native common good in modern terms, as described by the economic analysis of law, where ownership rights prevent individuals from excluding others. The right to exclude others does not apply in this case. These customary traditions remained mostly unaffected by colonial and post-colonial governments, which introduced a separate land tenure system based on the state’s authority to allocate land. Alongside these customs, Islam, as a religious faith, also played a significant role, providing principles and regulations that intertwined with customary traditions to form a binding body of law. However, the religious rules themselves are only one component of the living law, whose content is shaped through the interaction with customary practices. Official land law in Sudan, influenced by colonial practices, has undergone modifications under successive governments but remains fundamentally rooted in the colonial land laws. These laws were initially implemented to confiscate large land areas for commercial farming, particularly cotton production, and to regulate urban residency in support of colonial regime security. One of the fundamental issues related to rural land tenure stems from the principle introduced by the British colonial power in 1898, which assumes that unregistered land is owned by the government unless proven otherwise. Considering the premises, the purpose of this contribution is to analyse the land laws in Sudan and, in particular, the main type of agrarian contracts.
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