Theory of stewardship in civil liability From the perspective of Islamic jurisprudence and Iranian law

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

nader pourarshad ¹

1 - Assistant professor of department of law , Shahrekord branch , Islamic Azad University , Shahrekord , Iran

Received: 2021-06-08 Accepted : 2021-09-16 Published : 2021-08-23

Keywords: cause, ", loss ", civil liability ", agent ", manager ",

Abstract :

Theory of stewardship in civil liability From the perspective of Islamic jurisprudence and Iranian law(with emphasis on the analysis of new dimensions of recognizing the criteria of stewardship)Nader PourarshadAssistant Professor of Department of law , Shahrekord Branch , Islamic Azad University , Shahrekord , IranThe terms direct and causal have been used in the jurisprudential rule of loss (superb and causal). These two terms are also used in Articles 332 of the Civil Code and 492 et seq. of the Islamic Penal Code. However, in jurisprudential texts and civil law, there is no definition that indicates all the important and significant features of these two. The Islamic Penal Code, which defines the two in Articles 494 and 506, does not list all their important and significant features either. The present article, therefore, aimed to fill this gap by exploring and expressing the characteristics of the trustees and the conditions for assigning damages to them in terms of Islamic jurisprudence, case law, legal doctrine, and judicial procedure in Iran in a way that facilitates the diagnosis of the cause and other factors related to the damageKeywords: loss - civil liability - agent - manager - cause