A comparative study of the impact of ignorance on the rights and responsibilities of the usurper in Iranian law, Imami jurisprudence and public jurisprudence

Document Type : Original Article

Authors

1 Student

2 Professor

3 Associate Professor

Abstract

It is customary in Imamiyyah and popular jurisprudence to refer to the phrase "al-ghasab yokhad bashaq al-ahwal" or similar expressions in the way of dealing with usurpers, and in the civil law strict regulations have been established regarding usurpers. However, there is no doubt that this severity of action should be applied only to the aggressive usurper, this article, using library sources and adhering to a descriptive-analytical method, aims to review the quality of the legislator's behavior with the category of ignorance in other topics listed in Civil law and after revealing the concept of real usurpation from a judgment and separating them and explaining the forms of "ignorance" in creating the usurpation event, the role of this influential factor in exempting or at least mitigating the responsibility of the usurper and his possible rights due to non-aggressive seizure of property Otherwise, it should be examined from a jurisprudential and legal point of view. The findings of this article show that, contrary to the popular opinion among jurists and jurists, not only the ignorant usurper has a lighter responsibility than the real usurper, but in some cases, ignorance causes the title of usurpation not to be attributed to him.It is emphasized that what we mean by "usurper" in the following material is not someone who has aggressively usurped money, but the view of this article is towards an ignorant person who is considered a usurper

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Journal of Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 20 February 2026

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History

  • Receive Date: 08 June 2023
  • Revise Date: 06 July 2023
  • Accept Date: 10 September 2023

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