Investigating the Establishment of Bailment in the British and American Legal Systems and its Application to the Trust Institution in Iranian Law

Document Type : Original Article

Authors
Nastaran Arzainan 1
Mahsasadat Nabavi 2
1 Assistant Professor of Public and Revolutionary Court of Ghaemshahr, Master of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran (Corresponding Author)
2 Assistant Professor of Shahriar Public and Revolutionary Court, Master of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
10.22034/lc.2022.145778
Abstract
The Bailment institution originates from the common law system, which has a disagreement over its position, scope, rules and effects. Bailment in Iranian law is equivalent to a deposit, bail, delivery, guarantee, and trustee translation that is not exact. It seems that Iran's closest legal entity to the Bailment is "yade Amani". There are several categories of this institution, of which the most important one can be, the classification of the Bailment on the basis of responsibility and the degree of the fate of Bailee (goods possessor). Enterprise transport operations of instances of bailment operations and has played a key role in the classification. Obviously, the purpose of the research is to identify the less-known concept of the bailment and, consequently, the effect of this institution on Iranian law and maritime transportation. Therefore, in the present study, while comparative study bailment in the UK and the US with the rights of Iran's rights and position of the bailment concept, in marine cargo as well as take a look at featured.
Keywords
Bailment
Trust
Coercive Guarantee
Contract