چكيده لاتين
The paternal grandfather and father as a compulsory guardian are obliged to maintain and manage the minorʹs property, because the civil law of Iran in the subject of compulsory guardianship is influenced by the famous opinions of the Imamiyyah jurists and recognizes the exclusive right of the guardian to maintain the property and manage the childʹs capital. But Kahri is the legal representative of the minor, and since his position is according to the law, he has no right to resign and withdraw from this duty. The boundaries of his agency are limited to the expediency of the minor, therefore, if the guardianʹs actions are not within the framework of expediency, and without regard to moral and legal requirements, he has violated sanctity, and if he generously treats the property of the minor, he is at fault. If the representative exceeds the limits of the authority given to him, his action will be void of legal influence and will be condemned to invalidity, which is both lack of influence and invalidity, as well as civil liability and compensation for damages. However, the fault in the relationship between the father and the child has a different color, how many harmful but forced possessions are not the result of the commitment, which is the result of the mistake of the childʹs representative. Because a forced guardian has many duties towards a minor, his fault is not always a positive action and an action accompanied by harm, but not doing what is necessary and giving up what is one of his obligatory duties according to custom (negative action) leads to his responsibility and the possibility Claiming damages caused to the owner due to his fault, and in some cases, there is also a trustee or a temporary trustee. Although there are few articles of the civil law in the capacity of stating the reasons for the installation of these two, but they have not mentioned the scope of their powers and the type of relationship they have with minors and forced guardians. The issue of dismissing a forced guardian, which is one of the basic ways to protect a minor against a treacherous or unworthy forced guardian and has been announced by some Imami jurists, was finally accepted by the legislator in 1379. And it has made reform necessary. For this purpose, the opinions of Imamiya jurists and jurists of our country have been taken into consideration, and in this regard, in order to exploit the opinions and innovations of the laws of other Islamic countries, even though they are from Sunni religions and are different from the relevant regulations of Iran, in order to eliminate the gaps and inadequacies The law of our country has been examined and according to the wide range of powers that the legislator has considered for the guardian and there is a possibility that the guardian will abuse these powers and the expediency and jealousy that was the goal of the legislator to determine this province will not be taken into account by proposing this The general question is that in cases where a guardian commits a fault in financial affairs and does not respect expediency and envy, such as selling movable or immovable property in cases other than necessity, what are the consequences? In this research, we seek to answer the mentioned question, and its requirement is to examine all the cases of fault and the guarantee of implementation of each of them, which are disputed among jurists and jurists, and to determine its exact effects in the light of jurisprudence and legal source
