Analysis of Safeguard Contract in the Legal System of Iran with a Comparative Study in French Law

Document Type : Research Article

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Abstract

Theoretically, the nature of lease and deposit and the definition of these two legal acts are not the same in civil law. However, in practice, the legal relation established is sometimes so identical that it is not easy to distinguish one from the other. For example, when one deposits his securities or precious things in a trust fund, what is the legal relation between the bank and the owner of the capital? Does the bank rent out the trust fund to the customer, or does it receive the things therein as a deposit? French experts of law have called these contracts safeguard contracts. The primary purpose of the parties to these contracts is agency for safeguarding property, while the condition of equal remuneration for the obligation of safeguarding is among the main obligations of the parties. Now the main question is: What is the nature of the safeguard contract? Is the safeguard contract established as a lease contract and commutative? Is the obligation of safeguarding the subordinate aspect of the lease, or is it a deposit with the condition of consideration? Studying the nature of the trust funds of banks, the present article is an attempt to prove that the safeguard contract is the same contract of lease with the implied term of renting a safe and secure place.

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History

  • Receive Date: 22 May 2013
  • Revise Date: 26 June 2013
  • Accept Date: 09 August 2013

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