مفهوم التصرف في المال المغصوب : دراسة مقارنة

Abstract EN

The usurpation represents an illegal appropriation of money without the consent of its owners as a way to openly and overpower, and the duration of the usurped money remaining in the hands of the usurper may push him to perform some actions that may prevent the owner from exercising his known powers, and the problem of research lies in the concept of disposing of the usurped money By answering the following questions: What is the definition of disposing of usurped money? What is the nature of the disposal of the money seized? What is the ruling on the subsequent permission from the owner for the usurper’s disposal of the usurped money .

Through the research, we found that the word “disposition” in Islamic jurisprudence is more general and comprehensive than the word “disposition” in positive law, and that the behavior of the usurper is part of the behavior of the curious in the Iraqi civil law and the Yemeni civil law, and its form is one of the forms of selling someone else’s property in the French civil law, the Egyptian civil law and the Jordanian civil law, and a copy of it Pictures of infringement, both types of direct infringement or intentional infringement in English law .

And we suggested to the Egyptian, French and Jordanian civil laws that they adopt the idea of the suspended contract that the Iraqi legislator took from Islamic jurisprudence because it achieves legal protection for everyone who disposes of his property without his permission and is in line with the principle of consensuality and the prevention of harm, because the sale of the property of others in these laws is voidable in the interest of The buyer is alone without the seller and does not apply to the real owner except with his approval.

As for the Iraqi civil law, the contract is suspended for the owner, seller and buyer on the authorization of the owner or whoever has the right to authorize.