THE LEGAL NATURE OF ATTORNEY DELEGATION
DOI:
https://doi.org/10.61841/p5kcfb77Keywords:
Appointing, delegation, Attorney, Iranian jurisdictionAbstract
Appointing a deputation means delegation of power to a third-party attorney. In the theory of delegation to a third party, defining the attorney’s position and its consequences can be of great importance. It is very important to define if the third party’s authority is the same or partial as that of the first attorney and can lead to different consequences. After delegating to another one, each attorney’s authority can also be investigated. Based on the foregoing, this research has been conducted to define the difference between delegation and appointment in Iranian jurisdiction. Based on the results of this study, despite appointing in which the attorney is still in authority, in delegation the first attorney will not be in authority after defining a third party. It seems that due to its function, this topic is of great importance in the attorney contract. An attorney contract is a kind of optional contract in which mutual confidence, especially the customer’s confidence in his attorney, matters.
Downloads
References
1. Helli, A. (1987). The rules of permitted and banned in Islam. Tehran: Esteghlal.
2. Kashani, M. (2009). Special contracts. Tehran: Mizan Law Institute.
3. Katozian, N. (1985). Civil rights, consented contracts, and religious deposits. Tehran: Behnashr.
4. Katozian, N. (1996). Family rights. Tehran: Tehran University.
5. Katozian, N. (2004). General rules for contracts. Tehran: Enteshar.
6. Kheradmandi, S. (2003). Attorneyship in business and its compatibility with Islamic jurisdiction. Qom: Bostan-e-Ketab.
7. Madani, M. (1390). Secondary attorneyship. Tehran: Tehran University.
8. Mirshekari, A. (2008). Attorney deposition. Tehran: law.
9. Mo'ezi, A. A. (2009). Succession in business and civil relations. Tehran: Dadgostar.
10. Moghaddam, I. (2007). Contract Transfer. Law.
11. Mohsen Iranloo, Mohammad Reza Pourghjorbani. (2011). Attorneyship in appointing. Tehran: Payame-Amozesh.
12. Mo'tamedi, D. (2011). Attorneyship in appointing and delegation. Kanoon, 115.
13. Najafi, M. (2015). The best sayings. Tehran: Daralkotob.
14. Rohani, S. M. (2009). Selected Problems. Qonm: Maktab-E-Iman.
15. Safayee, S. H. (1981). The wife's right of divorce and delegation. Kanoon, 22.
16. Safi, S. l. (1999). Followers present. Qom: Sepehr.
17. Sho'ariyan, E. (2009). Contract transfer, general notions, specific contracts. Tabriz: Forozesh.
18. Yazdi, S. M. (1999). Strong reason. Qom: Islamic Books.
Downloads
Published
Issue
Section
License
Copyright (c) 2020 AUTHOR
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
