ضمان الضرر الناجم عن الغصب في القانون المدني الأردني : دراسة مقارنة بالفقه الإسلامي

Abstract EN

This study deals with one of the issues of extortion, namely the responsibility of the extorter to guarantee the harm inflicted upon the extortee as a result of the violation of latter's right by extortion deed.

It is clear from the total provisions governing the extortion that the legislator's treatment of these provisions makes the optimal protection of extortees a law and a platform because of the meaning of extortion as taking possession of property against the owner's well.

In order to achieve this purpose, the legislator took from Shafi'i and Hanbali doctrines the form of organizing the provisions of the extortion.

In contrast to the Hanafi doctrine, these two doctrines have a wide capacity regarding the protection granted to the extortee.

Therefore, it can be said that the guarantee's scale given to the extortee is large enough.

This is clear from the wide meaning of extortion given by both doctrines.

Its meaning extends to include immovable property as well as movable property on one hand, it also includes the utilities and the attachments of extorted property as well as the extorted property itself on the other hand.