Volume 20, Issue 4 (2016)
CLR 2016, 20(4): 53-79 |
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Shamsoddini Zarch A, Shahbazinia M, Isaei Tafreshi M. A Comparative Study of Subrogation in Iranian & English Law. CLR 2016; 20 (4) :53-79
URL: http://clr.modares.ac.ir/article-20-164-en.html
URL: http://clr.modares.ac.ir/article-20-164-en.html
1- Ph.D. student OF Faculty of Law, Tarbiat Modares University, Tehran, Iran
2- Associate Professor, Faculty of Law, Department of Privat Law, Tarbiat Modares University, Tehran, Iran.
3- Professor, Faculty of Law, Department of Privat Law, Tarbiat Modares University, Tehran, Iran.
2- Associate Professor, Faculty of Law, Department of Privat Law, Tarbiat Modares University, Tehran, Iran.
3- Professor, Faculty of Law, Department of Privat Law, Tarbiat Modares University, Tehran, Iran.
Abstract: (8779 Views)
The legal doctrine of subrogation was presented in England and developed in some fields of law. British legal precedent provided this theory based on equity and gradually developed its rules, followed and completed. English Legislator in his statutory decisions, developed or adjusted the theory, and changed its rule in necessity. Since two centuries from presentation of this theory, the English courts began to change the foundations of the theory from rules on the equity to the rules on the unjust enrichment. This shift, gradually, will create some changes in this theory. Although some examples and cases of this theory can be seen in Iran' acts and court decision, but this theory is not accepted as a general theory in Iranian law. The study of principles, criteria and functions of this theory in English law helps us to use this theory according to iranian law.
Received: 2016/08/14 | Accepted: 2017/01/28 | Published: 2017/02/19
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