Comparative Study of Civil Liability of Trustee in Iranian and French law

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FASIHIZADEH ALIREZA; NIAZI ABBAS

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: Journal of Judicial Law Views Year:2018 | Volume:23 | Issue:82 Page(s): 197-214

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Information Journal Paper

Title

Comparative Study of Civil Liability of Trustee in Iranian and French law

Author(s)

FASIHIZADEH ALIREZA | NIAZI ABBAS | Issue Writer Certificate

Keywords

trusteeQ1

civil liabilityQ2

depositQ1

faultQ2

Abstract

In accordance Article 614 of the Civil Code, the trustee is not liable except in the event of an infringement or a failure. In French law, you are also absolved of liability and surety if you have no failure to pay the deposit. However, the main issue is the basis of responsibility and the condition of increasing or decreasing it. Is the basis of liability for the trustee of the law or of the contract and can it be reduced or rejected or increased during the deposit. The results of this research are that the responsibility for the Iranian law is unconstitutional (non-contractual) and in French law is contractual. Also, in Iranian law, the condition of increasing or decreasing this liability is not inconsistent with the permissibility of the deposit agreement. The condition of increase is not contrary to the nature of the deposit agreement and is only contrary to the consensus, and the condition of reduction or disclaimer is valid even in the event of an Infringement or a failure. In French law, the condition of increasing or decreasing this liability is valid in the loan agreement.

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APA: Copy

FASIHIZADEH, ALIREZA, & NIAZI, ABBAS. (2018). Comparative Study of Civil Liability of Trustee in Iranian and French law. JOURNAL OF JUDICIAL LAW VIEWS, 23(82 ), 197-214. SID. https://sid.ir/paper/217857/en

Vancouver: Copy

FASIHIZADEH ALIREZA, NIAZI ABBAS. Comparative Study of Civil Liability of Trustee in Iranian and French law. JOURNAL OF JUDICIAL LAW VIEWS[Internet]. 2018;23(82 ):197-214. Available from: https://sid.ir/paper/217857/en

IEEE: Copy

ALIREZA FASIHIZADEH, and ABBAS NIAZI, “Comparative Study of Civil Liability of Trustee in Iranian and French law,” JOURNAL OF JUDICIAL LAW VIEWS, vol. 23, no. 82 , pp. 197–214, 2018, [Online]. Available: https://sid.ir/paper/217857/en

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