Exploring the Boundaries between Respect for Property and Equity: Balancing the Civil Liability of a Usurper

The issue of eliminating the effects of usurpation in properties, beyond the past, has turned into a battleground between the principle of property respect and the institution of equity. While the aforementioned principle seeks maximum protection of the rights of the rightful owner and the disciplining of the usurper, even with good intentions, through the establishment of strict judgments and traditional regulations regarding the institution of usurpation in Iranian civil law, the institution of equity aims to prevent misuse of rights by the owner and the imposition of significant harm on the usurper with goodwill, striving to moderate traditional and strict interpretations. Although initially the institution of equity was manifested in the form of legal texts on civil liability, the turning point in fair efforts comes with the approval of the "Legal Bill on the Removal of Encroachment and Compensation for Damages to Properties, passed in 1358" by the Council of Revolution. In this research, using descriptive and analytical methods and utilizing library resources and judicial procedures, we have sought to examine the quality of mitigating the effects of usurpation in non-past properties, considering the principles of property respect and the institution of equity in the legal system of Iran. It has been observed that, under certain conditions, there are legal capacities for issuing fair judgments that can secure the interests of both the owner and the usurper with goodwill in Iranian law.