Legal Effects of Unjust Enrichment in the Legal System and Jurisprudential Sources

The issue of unjust enrichment is one of the complex and fundamental topics in civil law, analyzing and examining the legal and economic consequences of actions where a person takes another's property without the owner's consent. This phenomenon is not only related to various aspects of property rights and civil liability but also intersects with principles such as justice, fairness, and protection of individual rights. Since unjust enrichment can lead to the violation of property rights and undermine the rights of individuals, a comprehensive examination of its legal effects is essential.The legal effects of unjust enrichment have been examined in both Islamic jurisprudence and Iranian law from various perspectives. In Islamic jurisprudence, unjust enrichment is primarily analyzed under concepts such as "ghasb" (usurpation), "itlaf" (destruction), and "talf" (loss of property), each of which pertains to the liability of the possessor and the compensation for damages. In Iranian law, this act is regarded as unlawful behavior, carrying legal consequences, including civil liability, criminal responsibility, and compulsory restitution.This study first examines the conditions of unjust enrichment in jurisprudential sources, such as the knowledge and intention of the possessor, unlawful possession, and lack of consent from the owner, and then analyzes its legal effects within the Iranian legal system. These effects include the obligation to compensate for damages, return the property, and criminal liability.The findings show that in both the jurisprudential and legal systems, unjust enrichment results in responsibility for the possessor. These responsibilities are designed to protect property rights and safeguard individuals' assets within society. Finally, based on the analysis, suggestions are provided for improving the interpretation and enforcement of these laws to ensure justice and protect property rights.

کلیدواژه ها:

: Unjust enrichment ، usurpation ، Islamic jurisprudence ، Iranian law ، civil liability ، compensation ، unlawful possession.