Usurpation¬ means possession to another right by force (Art.308.civil code).There is not doubt that usurper is liable for the usurpation of corpus of property, but there are different opinions about usurpation of the benefits of property in Islamic law and Iranian civil law. Some of jurisprudents and lawyers believe that usurper is not liable for benefits, whether they are joined or separate benefits. However, some of jurisprudents and lawyers believe that usurper is liable for joined or separate benefits. There are different opinions about the base of responsibility of usurper for the benefits of property; some of jurisprudents and lawyers believe that the base is the rule of "Al Kharaj Be Alzaman", but some have the idea that the "Yad" rule is the base of responsibility. In this article, the responsibility of usurper for the benefits of property and its base in Islamic law and Iranian civil law has discussed. We can see that usurper is liable for joined or separate benefits and the base of his responsibility is the"Yad" and “Itlaf” rule
abhari, H., & Izadifard, A. A. (2011). The responsibility of usurper of the benefits of Property in Islamic law and Iranian civil law. Jurisprudence the Essentials of the Islamic Law, 43(2), 11-26.
MLA
hamid abhari; Ali Akbar Izadifard. "The responsibility of usurper of the benefits of Property in Islamic law and Iranian civil law", Jurisprudence the Essentials of the Islamic Law, 43, 2, 2011, 11-26.
HARVARD
abhari, H., Izadifard, A. A. (2011). 'The responsibility of usurper of the benefits of Property in Islamic law and Iranian civil law', Jurisprudence the Essentials of the Islamic Law, 43(2), pp. 11-26.
VANCOUVER
abhari, H., Izadifard, A. A. The responsibility of usurper of the benefits of Property in Islamic law and Iranian civil law. Jurisprudence the Essentials of the Islamic Law, 2011; 43(2): 11-26.
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