تغير ذات العين المضمونة بفعل الغاصب و أثره في الملكية : دراسة مقارنة بالفقه الإسلامي

Abstract EN

The principle is that the usurper is legally obligated to return the material object (the eye) to its owner, except that he may change the eye so that its name changes and its features and appearance disappear and become to another eye that has a name and entity different from what it was before the change, and the eye may change by itself when the usurper, or it may rise Another person changes the eye when it is at the usurper, in these cases, the eye does not remain as it was before the forcible but rather changed to a different state, and the change means the transformation of the thing from one state to another, and this change affects the ownership of the eye, so the laws and opinions of Islamic jurisprudence and legal jurisprudence differed On the fate of the property of the eye after its change, and accordingly, the subject of our research will be the change of the property of the eye and its effect on ownership.