نوع مقاله : مقاله علمی پژوهشی
نویسنده
استادیار گروه فقه و حقوق، دانشکده علوم انسانی، دانشگاه بزرگمهر قائنات، قائنات، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Where the claimant's prior ownership is proven against the defendant in the disputed property, the claimant may file an action for eviction or unlawful possession. Regarding eviction claims, there has long been a divergence of judicial opinions—some prioritizing prior ownership, while others favoring current possession. This jurisprudential disagreement is also evident among legal scholars. The research approach, which is written in a descriptive-analytical manner and based on a library research method, is based on the principle that Opinions should be stated distinctly based on the proof method. The findings of the present research are that if the previous ownership is proven by an official deed, the deed also serves as evidence of ownership for the present time. If there is an admission of prior ownership with a claim of transfer, given the shift in the dispute (revolution of the claim), the possessor must prove the transfer. However, if only prior ownership is admitted, the possessor—considering that proving a negative is impossible—must still prove the transfer. If the matter has been proven through witness or judicial knowledge, the situation remains the same according to the recent reason. Moreover, it is fundamentally unreasonable to expect a witness to prove the claimant’s ownership at the present time. If the possessor chooses to file a lawsuit for eviction due to unlawful possession, contrary to the words of Article 161 of the Code of Civil Procedure, proving prior possession and the subsequent possession of the defendant is sufficient.
کلیدواژهها [English]
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