Hossein Valipoori; Seyed Ebrahim Moosavi; Hengameh Ghazanfari; Jamshid Mirzaei
Abstract
The principle of independence and domination of individuals, as well as the absence of guardianship over the affairs of others, requires that every person normally interfere and seize only his own property or affairs, and is not allowed to interfere in the affairs of others. Since managing and interfering ...
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The principle of independence and domination of individuals, as well as the absence of guardianship over the affairs of others, requires that every person normally interfere and seize only his own property or affairs, and is not allowed to interfere in the affairs of others. Since managing and interfering in the affairs of others is a situation contrary to the rule and principle, the Iranian legislator has accepted the management of property of another under certain conditions in Article 306 of the Civil Code. Given that the management of non-exceptional property is based on the principle of non-guardianship over the property of others, if there is a damage to the owner of the property in the process of other property management, how and to what extent invoking and relying on the rule of bona fide affects the responsibility of the unauthorized manager? This study based on the method of rational analysis in Iranian law and common law reached this conclusion, in cases where the manager intended to repay losses from the property of others and in this regard, the out of fault loss is applied to the owner, according to the rule of bona fide, the unauthorized manager is released from responsibility.
