The validation of fiduciary concept in jurisprudence and law of Iran
Document Type : Specialized Article
Authors
1 Faculty Member of Tehran
2 Master of Private Law
Abstract
Meticulous and fiduciary is one of the oldest and the most familiar proposed concepts in every legal system. Ethicalvalue of meticulous and its special rank among people caused that it has special rank in every different legal systemtoo. Some of legal system, such as common law, express some circumstances and criteria for recognizing meticulous’qualification, and in some other legal system such as Iran, recognize that meticulous is a person whom owner or legislator had made it, as a meticulous. Furthermore the meticulous also has been investigating in a special way in a legal claim. A sentence to a lack of surety in order to losing properties is a component of meticulous’ benefits; and the expression ‘there isn’t any responsibilities for meticulous except of oath’ explain this subject. An especial significance and place of meticulous and fiduciary isn’t hidden for anybody. An important issue about the concept of meticulous is inexistence of bordering in an accurate way. This vacuum, explaining about meticulous, is observable especially in different article of civil law. In this research, the writer in assimilation way and the style of searching in legal texts and legal opinions, answers this question that (what does meticulous mean?). (What are the differences between the demonstration and proving in fulfillment of meticulous’ concept?) It seems that absolutely meticulous in demonstration isn’t be permitted, and also in proving meticulous will be responsible, if it is famous for its trustee.
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