Liquidation or Non-Dissolution of Contracts of Trust as a Result of Abuse or Dissipation

Subject Areas :

Received: 2016-04-12 Accepted : 2016-07-14 Published : 2016-08-22

Keywords:

Abstract :

Liquidation or Non-Dissolution of Contracts of Trust as a Result of Abuse or Dissipation [1] Reza  Sokuti Nasimi (Ph.D) [2] Khatijeh Naghizadeh [3] Abstract                                              The first principle in Islamic law is the liability of the owner  of another person's occupied property, but the lawyer and legislator in cases such as trust contracts deviate from this principle and  consider the owner of the other person’s occupied property as a trust one, and does not consider  the owner as the sponsor of the deficit or perishing of the owner of the other person’s occupied property. But this is absolutely not predicted and in the case of committing abuses or dissipation, he  has provided for absolute liability. The main issue is that what effects does the change of the condition of trust must possess of the owner will have on the legal status of these contracts? In other words, will  the trust contracts be destroyed by the commission of injustice or dissipation of contracts, or the  commit of a fault by the trustworthy one has no effects in the states of such kinds of contracts? The purpose of trust contracts in this study is including trust and permitting  contracts, and including the pure trust contract and consequential trust, too. There are differences in the ideas among jurists and lawyers in this issue, especially in the deposit contract which has the nature and requirements for loan. Some believe that the main requirement of the deposit is trusteeship. Therefore, the loss of trust, the contract is invalidated, too, but some others do not see any conflict between permission and liability and believe to the deposit survival in a secured form. And according to this, we must say, based on this issue that, abuses or dissipation destroy the description of deposit, but  permission is still remained and we can not consider the fault as  the cause of the permission decline. Therefore, the continuation of the trust contract is preferable. And according to the principle of  the stability of the previous sentence, in a doubtful condition in the remaining  or dissolution of the trust contract  by committing abuses or dissipation, can be considered in the strengthening of the above-mentioned issue. In other trust contract, because their essence is something out of the trust contract, it would not result in termination, and in some cases it can cause the right to terminate.   Key words: Injustice, Dissipation, Permission, Loan, Liquidation. 1.  [1] This article is taken from the thesis of an M.A. degree titled in “A comparative study of violence and extremism and accept it in rights of Iran and Egypt. " which was defended in 12/11/93 in Tabriz University. 2.  [2] Associate Professor in Faculty of Law, University of Tabriz. 3.       [3] M.A. graduate of  Tabriz University.  

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