Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Civil and Criminal Liability of Trustee in Imamiyyah Jurisprudence and Legal Systems of Iran and Common Law

Document Type : Original Article

Author
PhD, Department of Private Law, Qom Branch, Islamic Azad University, Qom, Iran. (Corresponding Author)
10.22034/jccj.2024.473606.1640
Abstract
Trust in Iran's civil law comes under certain contracts and is defined as a deposit. By induction in various cases, wherever a person acquires dominion over the property of another with the permission of the owner or in the implementation of the provisions of the contract or the law, he is considered the trustee of the owner. In Imamiyyah jurisprudence, deposit is a type of trust that is done in order to preserve property. In common law, whenever property, other than absolute ownership, is in someone's possession, it is usually considered under the title of trust. Trust is a part of property rights based on which the person who is named as the assignor places the money at the disposal of a person, whether real or legal, to maintain or manage it. From the criminal aspect in Imami jurisprudence and Iranian law, betraying a trust is forbidden and has been examined under the title of betraying a trust and at common law, while breach of trust is primarily a civil matter, if the breach involves fraudulent or improper conduct, it can lead to criminal charges such as theft, fraud, or abuse of public office and a specific criminal offense is recognized in State of Florida, entitled “Financial Exploitation of Elderly or Disabled, Vulnerable Adults”, where a person knowingly causes financial loss to an elderly person for their own benefit in the financial affairs of a vulnerable adult can be accused of this crime.
Keywords

Volume 1, Issue 4 - Serial Number 4
Autumn 2022
Pages 137-152

  • Receive Date 08 August 2021
  • Revise Date 19 October 2021
  • Accept Date 21 November 2021
  • Publish Date 22 December 2021