التصرف الفعلي في المال المغصوب : دراسة مقارنة

Abstract EN

The principle is that the usurper does not have the right to dispose of the usurped money, because he is a trespasser and has bad faith and his hand is a guarantee.

However, the presence of the usurped in the hands of the usurper would tempt him to dispose of it with the precautions of jurisprudence and law that the usurper must return the usurped money to the usurped from him in order to prevent between the usurper and Reap the fruits of his usurpation, but the duration of the usurped money remaining in the hands of the usurper may be sufficient to dispose of the usurped money, whether this act is an actual act or a verbal act, The problem of the research lies in that the civil legislation in question did not mention the rule of some of the actual actions that the usurper performs in the usurped money in the articles related to usurpation, although some of these legislations mentioned the rule of these actions in the articles related to the subject of adhesion and others mentioned the rule of these actions in the related articles Possession, and through this research we reached a number of results, including that the Iraqi legislator treated the case of changing the usurped spontaneously by nature, This is in the first paragraph of Article 194 of the Civil Code, and this paragraph deals with the case of the change of the usurped itself that leads to deficiency and damage, and it did not deal with the case of the change of the usurped itself that leads to increase and benefit, as if the usurped was small and became large or was lean and became fat, and we suggested through This research has a number of proposals, including the Iraqi legislator to reconsider the provision of Article (119) of the Civil Code and to give the owner of the land the right to request ownership of the modernized property without restricting it with any restriction, and its value is due to be forcibly removed from the bad faith builder or planter, because this article faces a situation The builder or the planter has bad faith, and it is not reasonable to protect someone who attacks the property of others in bad faith.