چکیده:
In Iranian law, certainly, a trustee shall not be liable for the loss or damage of the subject matter of the contract as long as they have not committed a fault. However, if they commit a fault, the fault does not lead to the dissolution of the contract. Furthermore, the liability of a negligent trustee regarding the essence of the subject matter of the contract is neither absolute unlimited liability nor absolute limited liability; rather, it will be based on contractual liability according to legal principles and rules. In addition, if a fault is committed in the manner of using the benefits of the property, their liability is based on the rule of unjust enrichment (Istifa), and their fault will have no effect on the contractual obligations of the owner or the rights of the trustee.
خلاصه ماشینی:
For this reason, in Islamic and Iranian law, relatively strict legal enforcement mechanisms have been established to protect it, and any unauthorized disposal of another person's property results in the absolute liability of the disposer(*)Associate Professor of Private Law, Faculty of Law, Qom Campus - University of Tehran ri.
However, in Islamic law, attention is paid to the internal and social conditions of the person, and this is the distinguishing factor for the occurrence of negligence, just as it is stipulated in Article 1215 of the Civil Code: If someone delivers property to a person lacking discernment, such as an insane person or a non-discerning minor, the possessor is not liable for its loss or destruction (Tabataba'i, 1420: 154; Mousavi Khomeini, 1390, Vol. 1: 597 and Imami, 1384, 238).
In Islamic law, the famous theory is based on the premise that negligence is one of the factors of a person's liability toward another's property, such that by committing it, the possessor becomes absolutely liable to compensate for the damage caused to the property (Tusi, 1411, Vol. 3: 389-390 and Mousavi Khomeini, 1390: 593).
In addition, although the famous view believes in the absolute liability of the negligent trustee regarding the essence of the property, they have not considered him absolutely liable regarding its benefits, and based on the rule of istifa', they have declared him liable to pay the fair rent (ujrat al-mithl) of the utilized benefits (Shahid al-Thani, 1425, Vol. 4: 40).
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