الخطأ في استعمال حق ملكية العقار و التحديد القانوني لضوابطه : دراسة مقارنة

الملخص EN

The right of ownership is one of the vital topics which occupied the thought of legal scholars.

Its legal applications are a reflection of the reality of daily disputes between owners.

One of the most important applications in the right of ownership, which has become increasingly important, especially with the progress of civilization, is the legal determination of the error controls in the use of property rights.

The use authority granted to the property owner by the owner of the property is very wide.

This may cause the owner to deviate from the rightness of the right and cause damage to third parties as a result of negligence in taking the necessary precautions or Its illegality.

Therefore, we found it useful to allocate the research on the error in the use of the right of ownership of this property on the one hand, and on the other hand, the determination of the error in the use of the right of ownership of the property leads us to search the legal stander, which can be relied upon to determine the illegal use , taking into acount that Islamic jurisprudence doesn't put stander and has different positions with civil jurisprudence, and then determine the error in the use of property in view of the standard of owner or to consider the criteria of the owner who made wrong and his circumstances.