Bailment in Common Law and Comparative Study in Iran

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DARAEI MOHAMMAD HADI

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Journal Paper

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Journal: COMPARATIVE LAW REVIEW Year:2019 | Volume:9 | Issue:2 Page(s): 595-617

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Title

Bailment in Common Law and Comparative Study in Iran

Author(s)

DARAEI MOHAMMAD HADI | Issue Writer Certificate

Keywords

BailmentQ2

possessionQ1

BaileeQ2

BailorQ2

Yade amaniQ2

Abstract

Bailment, as a special legal concept in common law, has many controversies over its place, boundary, rule and effects. It has some resemblance to “ Yade amani” (Custodial possession) in Islamic law. Most of these similarities are in their objects but there are lots of differences in effects. unfortunately, it is translated in Persian-English Dictionaries mistakenly as deposit contract or other concepts. This mistake could drive to other big errors in legal concepts. So working on this issue needs concentration on concepts, rules, effects and objects. In common law, Bailment sphere is becoming to some extent that arouse criticism of some Common law jurists. Consequence of this extensiveness is ambiguity in coverage. But common law courts accepted it and consider it as a source of obligation besides contract and tort. In Islamic law, “ Yade amani” is not a source of obligation but is a description for possession of possessor which sometimes neglectfully becomes description for contract.

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APA: Copy

DARAEI, MOHAMMAD HADI. (2019). Bailment in Common Law and Comparative Study in Iran. COMPARATIVE LAW REVIEW, 9(2 ), 595-617. SID. https://sid.ir/paper/246392/en

Vancouver: Copy

DARAEI MOHAMMAD HADI. Bailment in Common Law and Comparative Study in Iran. COMPARATIVE LAW REVIEW[Internet]. 2019;9(2 ):595-617. Available from: https://sid.ir/paper/246392/en

IEEE: Copy

MOHAMMAD HADI DARAEI, “Bailment in Common Law and Comparative Study in Iran,” COMPARATIVE LAW REVIEW, vol. 9, no. 2 , pp. 595–617, 2019, [Online]. Available: https://sid.ir/paper/246392/en

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