Scope of Another’s Property Management A Comparative Study

Subject Areas : Journal of Law and Politics

محسن Rahmani ¹

1 - ندارد

Received: 2015-04-20 Accepted : 2015-04-20 Published : 2009-12-22

Keywords: Another’s property management, interdicted, absentee, material appropriation, legal&#x0D, &#x0D, appropriation, management of debt and receiva, unauthorized transactions, debt&#x0D, &#x0D, reinstatement,

Abstract :

Article 306 of Iran Civil Code relates to power of property management forabsentee, interdicted, or such persons if certain conditions are met. However, FrenchLaw, where Article 306 was originally adopted, as well as laws of Egypt and Syriaprovide for wider scope of power, compared to what is stated in Iran Civil Code,which includes pressing and / or essential material and legal appropriation for thebenefit of the owner. The civil codes in the three countries under study define thelegal entity as “Management of another’s affairs”. This study attempts to review andarrive at a better understanding of the legislators’ intent by comparing it with similarlaws of other countries. Furthermore, this study tries to prove that management ofnon-financial matters as well as management of debt and receivables may, undercertain circumstances, fall under the relevant laws of another’s propertymanagement.