A COMPARATIVE STUDY OF STIMAN'S RULE IN JA'FARI JURISPRUDENCE AND CIVIL LAW
DOI:
https://doi.org/10.22478/ufpb.2179-7137.2019v8n2.46514Palavras-chave:
Stiman, trustee, pledge, excess and deficiencyResumo
Stiman is one of the most important Fiqh rules by virtue of which, each individual by any reason becomes a trustee for property of another person will not be responsible for the loss of that property unless he has committed a mistake (whether extremes of excess and deficiency). The essence of Stiman's rule has been considered as the truth of title of an owner's deposit which in fact another one's being trustee is dependent on the property owner's permission and the religious deposit in which a person by the order of the religious order (or the legislator) becomes trustee. The Islamic Jurisprudence and civil law towards Stiman's rule in each of the contracts such as power of attorney, deposit, loan, renting, mortgage, bailment of a capital, and attending the ownership deposits which deposit description is the main base of these contracts and in religious deposits such as missed property and custody in which a profile of deposit description is observed, is in this way that the trustee in every above contracts shall not be regarded as guaranteed in case of the property loss and the owner or law has no right for seeking him the loss compensation and only in a way they can resort to him that the trustee has made extremes of excess and deficiency in it.Downloads
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