The idea of a trust in Zoroastrian law |
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Authors: | János Jany graduate Faculties of Law and of Humanities |
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Affiliation: | 1. City College , Norwich;2. Flinders University |
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Abstract: | There is hardly any legal institution which better characterizes the thinking and everyday practice of the common law family than the legal institution of the trust. The English common law developed it during the Middle Ages, and it remains popular to this day. The institution of the trust is a unique phenomenon of the common law. Surprisingly, the Zoroastrian community of the Sassanian period in Persia developed some legal techniques which are very close to the common law trust. In this paper I will show the peculiarities and history of what I call the Zoroastrian trust, and hope to establish the basic similarity between the two. What makes this comparison easier is the fact that the two legal institutions developed independently from each other, since there is no possibility of historical interactions between Sassanian Persia (third–seventh centuries AD) and England during the Middle Ages. It is also impossible to speak about common or similar religious, cultural and legal backgrounds. |
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