Legal Nature of Voluntary Activity in Libraries

Voluntary activities, including voluntary works/actions in libraries are new titles that, like other categories, require legal review. However, the problem is not only its novelty, but the Iranian legal system itself has a specific model in processing contracts. According to this model, identifying the nature of volunteering activities in libraries has a direct impact on the salary of the provider of volunteer activities in one hand and the library institution, on the other hand. This research tries to show that how should the nature of voluntary activities be in libraries if the law cannot expand this category in the society and at least does not prevent it from development.

The required data were collected using the library method and analysis with jurisprudential and legal logic. The scope of legal studies is limited to Iranian law and the scope of jurisprudence studies is limited to Imami jurisprudence.

May be claimed that there are two independent Unilateral Acts, considering it as a contract is closer to the mission of law (regulation, but regarding the type of contract, by examining the relevant contracts, it has been proven that the general rules governing endowment in Iran's civil law do not include the action (work/activity) due to the assignment of the object. Also, due to Article 10 of the Civil Code, the researchers prefer justification of voluntary activity in that form over its justification in the form of peace. Including it in the form of representation also means confining the parties of this modern activity is in forms that may not be based on the will of the parties.

Recognized voluntary activities as a separate contract (indefinite/anonymous/non-patterned) before drafting and legislation of legal rules and related laws, based on the general rules governing contracts (in general) and the general rule mentioned in Article 10 of the Civil Code (specifically) to consider effective in principle and based on the common will of the parties and the obvious elements of this type of activities (including doing non-compulsory work and non-receipt of wages) should be interpreted. It is clarified that in this legal interpretation, public order and justice should not be harmed, for example, it should not be considered irresponsible the organization that is served (library) from a legal point of view for any expenses of the volunteer provider though it has not been stated in the contract. As it should not include issues like gifts and rewards (donations) or activity certificates with the free nature of these types of activities that are deemed inconsistent.