Handling complaints of aggressive occupation in houses of justice مقالة

ملخص الجهاز:

Apart from the discussion regarding the criminal prosecution and punishment of these types of trespassers, which is itself a separate subject, the civil handling of these lawsuits according to the Law for the Prevention of Hostile Possession and the Civil Procedure Law falls under the jurisdiction of the County Prosecutor's Office and the District Court, and in certain specific cases, law enforcement officers have also been given the authority to prevent the occurrence of these types of encroachments, and with the approval of the law amending part of the judiciary laws passed in 1356 and the removal of the district court from the judicial organization, the County Court or the independent District Court handles these lawsuits, and the House of Justice (Khaneh Ensaf) that is formed in villages can also handle these types of lawsuits. Therefore, the Khaneh Ensaf, which is formed in the jurisdiction of each village or a community of adjacent villages to handle and resolve disputes between village residents, has jurisdiction to handle complaints of hostile possession, nuisance, and obstruction of rights in 2 cases, which are: First- Handling claims of hostile possession and nuisance in movable property Regarding these claims, no specific procedure for the Khaneh Ensaf's handling has been specified, but from the entirety of the articles of the Khaneh Ensaf Law passed in 1352, it is clear that the Khaneh Ensaf, in any way it deems necessary, shall summon the parties, examine their evidence, and by observing the requirements of justice, fairness, local custom, and tradition, act as a mediator in resolving the dispute and issuing a verdict.