مسؤوليات مغتصبي المنافع المتعددة في القوانين المدنية الإيرانية والعراقية

الملخص

The liability of usurpers with regard to the benefits of usurped property is an important topic in civil laws. Its applications in Iranian and Iraqi civil law are many. There are  similarities and differences between the two legal systems in this area. It is known that usurpation is an illegal act that impacts funds and benefits of others. In this regard, the liability of multiple usurpers of benefits towards the owner of the usurped property and the liability among the usurpers themselves is regulated by the Iranian Civil Code in Articles (308- 327). Under these laws, the owner of the usurped property can claim compensation from one of the usurpers in accordance with civil liability. If the owner claims compensation from the first usurper, the right of claiming compensation from the second usurper shall be forfeited, and vice versa. As for the Iraqi Civil Code, it regulates the provisions of usurpation in Articles ( 192 - 201). The owner can obtain his/her right of guarantee from any of the usurpers. He/she can include the first or the second usurper. If the first usurper pays back the usurped property, the owner shall have no right to claim compensation from the second usurper. If the second usurper pays back, the owner shall have no right to claim compensation from the first usurper. If one of the usurpers pays back the usurped property to the owner, the usurper has the right to claim payment from the other usurpers in accordance with the provisions of the law. The ruling on benefits is the same as the ruling on the origin of the usurped property because they are interrelated. The Iraqi Civil Code adopts the rule of statute of limitations. The owner of the usurped property lapses the right to file a lawsuit of usurpation when time passes. On the other hand, the Iranian Civil Code does not apply the statute of limitations.