The Patterns of contract of trust, The limitative or Non? A New Analysis and Interpretation of Article 631 of the Civil Code

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ESMAEILI MOHSEN

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Journal: THE JUDICIARY’S LAW JOURNAL Year:2020 | Volume:84 | Issue:110 Page(s): 27-43

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Information Journal Paper

Title

The Patterns of contract of trust, The limitative or Non? A New Analysis and Interpretation of Article 631 of the Civil Code

Author(s)

ESMAEILI MOHSEN | Issue Writer Certificate

Keywords

Contract of TrustQ1

Possession of anotherQ1

s property given in trustQ1

Ownerships’TrustsQ1

Article 631Q1

Abstract

One of the types of Ownerships’ Trusts, that are the product of the contract and the consent of the parties (owner and trustee). From the whole Civil Code Articles can be found Twelve examples of this type of Trusts in the form of nominated contracts that explicitly or implicitly have measured as trust contract. This article is intended reply to this an important and practical question whether these twelve examples have a Limitative aspect and As a result, It cannot be added to the number of Nameless Contracts or it is Only examples of Nominated Trust Contracts and It doesn, t prevent the formation of Trust Contract based on article 10 of the Civil Code? This question arising from the old disagreement over the scope of transactions or the freedom of will in creating is not new trading patterns. But the origin of this question, a different interpretation of Article 631 of the law was conducted. Some supporter of the theory of the limitative Contract of Trust and some also disagreed with it. The third theory, which is presented in this article, That is, Article 631 “ Impliesnon-limitative” , Something higher than “ Not implying to limitative” . The practical result of this answer, Correct and penetrating knowing of new types of Nameless Contract Which have become abundant in our time and the parties are willing to Sequence effects trust to them.

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APA: Copy

ESMAEILI, MOHSEN. (2020). The Patterns of contract of trust, The limitative or Non? A New Analysis and Interpretation of Article 631 of the Civil Code. THE JUDICIARY’S LAW JOURNAL, 84(110 ), 27-43. SID. https://sid.ir/paper/388386/en

Vancouver: Copy

ESMAEILI MOHSEN. The Patterns of contract of trust, The limitative or Non? A New Analysis and Interpretation of Article 631 of the Civil Code. THE JUDICIARY’S LAW JOURNAL[Internet]. 2020;84(110 ):27-43. Available from: https://sid.ir/paper/388386/en

IEEE: Copy

MOHSEN ESMAEILI, “The Patterns of contract of trust, The limitative or Non? A New Analysis and Interpretation of Article 631 of the Civil Code,” THE JUDICIARY’S LAW JOURNAL, vol. 84, no. 110 , pp. 27–43, 2020, [Online]. Available: https://sid.ir/paper/388386/en

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