تملك العقار المغصوب بالتقادم في القانون الإنكليزي : دراسة تحليلية مقارنة

Abstract EN

The disseisin of land is one of the well-established ways of trespassing to other's land included in the English common law, which is unwritten and based upon judicial precedents.

it is worth-bearing in mind that it is considered as the intentional tort known as the trespass to land.

many legal effects may arise from the disseisin of land, the most considerable of which is that it does not give the usurper or disseisor , in general, any proprietary interests.

but he or she can exceptionally have good color of title, and can even acquire the ownership of the usurped estate by adverse possession and acquisitive prescription.

it is also worth-mentioning that Islamic jurisprudence regulated the usurpation or disseisin of land precisely, although some of its schools of doctrine restrict the usurpation to personal, rather than real property.

it is to be noted also that the Iraqi civil law no.40 of 1951 has been highly affected by the Islamic jurisprudence in regulating the usurpation or disseisin of land explicitly.

and this study supposes that there are some similarities between the English law and the Islamic jurisprudence, as far as the disseisin of land, its acquisition by possession, and some other effects arising from it are concerned.