التجاوز على أرض الغير بزعم السبب الشرعي : دراسة مقارنة

Abstract EN

The phrase (alleged legitimate reason) was mentioned in Article (1120) of the Iraqi Civil Code, and Article (1270) of the UAE Civil Transactions Code, but despite the importance of claiming the legitimate reason and the consequent change in the legal status of the builder, planter or resident of the facilities on the land of others, the Iraqi and Emirati legislators did not clarify the content of this phrase, which led to a difference of jurisprudence and the judiciary in its statement.

The objective of this research is to clarify cases of trespassing on other’s land, which is intended by alleged legitimate reason, according to the comparative analytical method between the Iraqi and Emirati laws.

The study concluded that what is meant by the alleged legitimate reason is the builder’s reliance on a legal reason that leads him to believe that he is the owner of the land or leads him to believe that he has the right to establish facilities.

In light of the research findings, we presented a set of recommendations for Iraqi and UAE legislators.