A COMPARATIVE SURVEY ON THE BENEVOLENT INTERVENTION IN IRAN AND EUROPEAN LAW

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

KHANDANI SEYYED PEDRAM

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

Journal Paper

Paper Information

Journal: COMPARATIVE LAW REVIEW Year:2016 | Volume:7 | Issue:1 Page(s): 97-122

Download Full-Text

Persian Verion

View:

1,094

Download:

Cites:

Information Journal Paper

Title

A COMPARATIVE SURVEY ON THE BENEVOLENT INTERVENTION IN IRAN AND EUROPEAN LAW

Author(s)

KHANDANI SEYYED PEDRAM | Issue Writer Certificate

Keywords

ABSENTQ1

BENEVOLENT INTERVENTIONQ1

MINORQ2

NECESSITYQ1

SOMEONE ELSE'S AFFAIRSQ1

Abstract

Most of obligations are notably derived from the contracts and torts. Quasi- contracts in their turn are another limited source to create rights and duties. Article 1371 of French civil code defines the quasi-contracts as the solely intentional human acts which produce obligations to another person or reciprocally. BENEVOLENT INTERVENTION is one of the quasi-contracts of which British law is not ignorant. There are many authorities and regulations that govern this legal institution. In the European unity field, there is a preliminary plan for the European uniform civil code called: "Draft Common Frame of Reference". Basically no one has any authority to interfere in someone else’s affairs and assets unless he or she has any kind of agency, administration or tutorship. Any other sort of intervention is a kind of usurpation. In some necessitous situations like absence or immaturity of the owner or the master of the affairs, where there is no power to get the owner’s permission and when the peril of loss or damage of the concerned person’s property or health is felt, the intervention benevolently is required and admitted and even admirable. The controversial aspect in this context is the legal basis for this BENEVOLENT INTERVENTION. Most of the legal systems have chosen the agency theory and justified the effects thereof. One of the consequences that stems from this theory is the capacity of the intervener and his demand for costs incurred. The agency theory is inconsistent with the accepted axioms in Iranian civil law.

Cites

No record.

References

No record.

Cite

APA: Copy

KHANDANI, SEYYED PEDRAM. (2016). A COMPARATIVE SURVEY ON THE BENEVOLENT INTERVENTION IN IRAN AND EUROPEAN LAW. COMPARATIVE LAW REVIEW, 7(1 ), 97-122. SID. https://sid.ir/paper/246258/en

Vancouver: Copy

KHANDANI SEYYED PEDRAM. A COMPARATIVE SURVEY ON THE BENEVOLENT INTERVENTION IN IRAN AND EUROPEAN LAW. COMPARATIVE LAW REVIEW[Internet]. 2016;7(1 ):97-122. Available from: https://sid.ir/paper/246258/en

IEEE: Copy

SEYYED PEDRAM KHANDANI, “A COMPARATIVE SURVEY ON THE BENEVOLENT INTERVENTION IN IRAN AND EUROPEAN LAW,” COMPARATIVE LAW REVIEW, vol. 7, no. 1 , pp. 97–122, 2016, [Online]. Available: https://sid.ir/paper/246258/en

Related Journal Papers