Applying of the Estiman Rule in the Responsibility of Islam Government

Abstract

According to the demos of Imamiye jurisconsults the trusty is not responsible for the compensations which are caused without his abuse and wastage (Estiman rule). On the other hand the mere expression of trust in a person is caused to his exoneration of onus of proof in case of claiming by the owner of the trusted property (the rule of acceptance necessity of the trusty claim). While both of reasons are related to two different rules, but the origin of both of them is expression of confidence to the trusty. By an analytic view in this article, we were aware that there are some streaks of this rule in public law, and in case of proof of this, it’s results is analyzed because of the independence and linkage, and finally it’s suggested that like a judge and government officers, other government workers to be under this rule in legislation by the parliament.

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