نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه حقوق خصوصی دانشکدگان فارابی دانشگاه تهران، قم، ایران.
2 دانش آموخته کارشناسی ارشد حقوق خصوصی دانشگاه علوم قضایی، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Dispossession lawsuit, although importance in the field of estates lawsuits, has not been explained by the legislator, as it should be. The owner with legal authority can evict the usurper from his property and even destroy the constructions created by the usurper regardless of his good faiths. Applying the rules governing this type of lawsuits, especially where the possessor in good faith, as a result of calculation errors, encroaches on a part of his neighbor's property and builds his building in an usurped area, does not seem to be in line with justice.therefore, flexibility in the case of the uninformed possessor is a necessary way to adjust the difficult rules of dispossession. In this regard, in an exceptional article, the legislator has adjusting the strict rules of dispossession and overcoming the difficulties of its article, and has enacted a single article called "legal bill on resolving encroachment and compensation for damages to real estate" which regardless of its novelty, its future research is worthy of praise. In this article, under the conditions, the legislator ignored the partial usurpation of the adjacent properties and by expanding the scope of subject lawsuits and limiting the objective lawsuits, the court has been forced to issue rulings outside of the petition. Based on this, the court, with an institution action, has declared the violated part as wasted and after paying its price in the justice fund by the defendant, the court hold to pay the money to the owner and amend the ownership documents.
کلیدواژهها [English]
)