Journal of college of Law for Legal and Political Sciences

Abstract

Legal systems and ideas confirm that there is a legal reason to gain personal and real rights, and that there is no right without a source for it, and in return, civil laws and legal jurisprudence do not approve of an gain that does not have a reason. The research has clarified what is the gain due to a legal reason and the gain without a legal reason. The gain of the right, whether personally or real right, may be due to a legal reason that has a source from the sources approved by civil legislations with its ability to gain rights through it, the gain may not have a legal reason, which entails an obligation on the acquirer to return the right to its owner in proportion with the loss he suffered, which most civil law regard it as a source of obligation. This research aims to study the specificity of earning without reason as a source of obligation given the existence of several differences between it and the rest of the sources of obligation, which results in the difference in some legal provisions in addition to studying the legal texts related to them and their applications.