Document Type : Original Article
Authors
1
Master of Science in Private Law, Department of Law, Faculty of Humanities, Islamic Azad University, Ahvaz Branch, Ahvaz, Iran (Corresponding Author)
2
PhD in Jurisprudence and Principles, Assistant Professor, Department of Law, Faculty of Humanities, Islamic Azad University, Ahvaz Branch, Ahvaz, Iran
10.22034/lc.2025.510223.1605
Abstract
The crime of trespassing on movable property is one of the important issues in criminal and civil law, which has been explained in different ways in different legal systems. This study adopts a comparative approach to examine the concept, elements, and legal remedies of this crime in English and Iranian law. The research method is descriptive-analytical, based on comparative legal studies. The findings of the research show that in English law, trespass to movable property is recognized as unauthorized physical interference with property and there is no need to prove damage for its realization, while in Iranian law, the crime of trespass is based on specific elements, including the claimant's prior possession, the defendant's right to possession, and its aggressive nature. Furthermore, the defenses that can be relied upon in this crime differ in the two legal systems; in English law, a defense based on legal authority, necessity, and consent is foreseen, but in Iranian law, the element of prior ownership and possession plays a more prominent role. The results of this study show that both legal systems aim to protect lawful possession, but, there are fundamental differences in the definition of the crime, methods of proof, and enforcement guarantees.
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