Obligations and legal effects of Bailment in comparison with Yade Amani

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Daraei Mohammad Hadi

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Journal Paper

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Journal: COMPARATIVE LAW REVIEW Year:2022 | Volume:13 | Issue:2 Page(s): 515-530

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Information Journal Paper

Title

Obligations and legal effects of Bailment in comparison with Yade Amani

Author(s)

Daraei Mohammad Hadi | Issue Writer Certificate

Keywords

Bailment

Yade amani

legal effects

Obligations

Lien Right

Abstract

Bailment is one of the means of creating commitment in the common law that has been accepted by the judiciary. The limits of the Bailment Obligations and effects are disputed by the common law jurists, but there is agreement in some aspects. If we compare this institution with the institutions of Iranian law, perhaps the most similar one to it is the institution of Yade amani, although there is no exact equivalent for it, especially since the criticism of the institution of Bilment in common law and its rejection by some jurists has been added to its ambiguity and some of them believe in the limited circle of examples of this institution. In a comparative study of the effects and Obligations arising from the Bailment, it is necessary to compare the examples of this institution with Iranian law. Because this institution does not have a specific equivalent in Iranian law and is relatively consistent with the broad theory of Yade amani, but the examples of these two institutions are not the same, so it is necessary in addition to the general matching of the two institutions, partial comparison in the examples.

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