Introduction and Objective: The present study aims to explain the concept of unjustified estifay, examine its types, and analyze the effects and rulings of this institution in Iranian judicial practice.
Research Methodology: The present study was conducted using a descriptive-analytical method and using library resources. The required data were collected through the study of books, scientific articles, jurisprudential and legal sources, relevant laws and regulations, and judicial opinions, and then examined using the content analysis method.
Findings: The research findings showed that unjust enrichment in Iranian law refers to a situation in which a person benefits from another person’s property, benefit, or action without any legal or legitimate reason, and as a result, his or her assets are increased. It was also found that enrichment in Iranian law is mainly divided into two types: enrichment from another person’s property and enrichment from another person’s action. A review of judicial practice also showed that courts, citing the rules of enrichment and unjust enrichment, oblige the beneficiary to pay restitution, return property, or compensate for the benefits obtained. In addition, the results indicate that despite the practical acceptance of this institution in judicial practice, the lack of independent and comprehensive regulations has led to some interpretative differences in determining the conditions for its realization and legal effects.
Conclusion: Anticipating effective performance guarantees for cases of unjustified acquisition is considered one of the important tools for realizing restorative justice in Iranian law and judicial practice, and can play a significant role in compensating for damages, protecting the rights of individuals, and preventing unjustified acquisition.