The Relationship between the Mismanagement of Third-party Property and the Principle of Relativity of Contracts in the Laws of Afghanistan and Iran

Abstract

The mismanagement of third-party property is a significant and challenging issue. Many discussions are held regarding this topic, but this research aims to investigate the relationship between the mismanagement of third-party property and the principle of relativity of contracts in the legal systems of Afghanistan and Iran. The main topic of concern is how the obligations arising from the mismanagement of third-party property affect the non-owner andThe owner of the property. Based on foundations, in Afghan law, the management of non-principal property is considered an independent legal entity with special rules governing it. The exception to this is when the owner allows the actions of the manager. In the legal system of Iran, there is a difference of opinion among scholars regarding the nature of management of non-principal property; however, the theory of independence is more justified. The manager is required to take actions that include both physical and legal measures for the management of non-principal affairs. Legal actions of the manager create rights and obligations for the property owner. According to this analysis, the rights and obligations resulting from the legal actions of the manager are considered an exception to the principle of relative contracts. What justifies this exception and removes it from the principle of relative contracts is the motivation of benevolence in the manager.