Jurisprudential and Legal Analysis of Article (1013) of the Civil Code and the feasibility of its generalization to kinds of trustees

Administrator is not responsible for any defect property that has been entrusted, except in cases of negligence. Many jurists and some lawyers are hesitant about possibility of making absolute liability a condition against administrator; they reason that the trust and the absolute liability are conflicted. But they have spoken less about possibility of obtaining guarantees from the administrators. However, articles 1013 and 1243 of the Iranian Civil Code, about the administrator of the absentee and the Mandate, impose a unit regulation: "The possibility of obtaining guarantee from the administrators that the court appoints them". The condition of bringing the guarantee is for a time when the administrator became responsible, for compensation, easily, the hesitant damages .To investigate the possibility of generalization this regulation to other administrators, firstly the types of administrators, includes proprietary and judicial and legal administrators, are defined; their judicial effects and regulations is expressed. After expressing the definitions and the main elements of Article 1013 of Iranian Civil Code, by adopting the criterion unity, the currency this regulation is proven for the other legal administrators. To say that exerting governorship, in legal administration, is basically for the governor; but because this is done through the installation of the administrators, they must provide her legitimate conditions. In proprietary administration, because of the Domination Principle, prohibition modification in property another person without their permission and justifiability of trade that is with compromise, obtaining guarantee from the administrators is possible .In all of this, observing the imperative regulations is necessary. But, requesting the guarantees from legal administrators, depending on its types, is not possible. In addition, the conditions and obstacles of legal administrator are different with judicial administrator.