Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Advocacy in material matters; A research in Iranian jurisprudence and law with a partial view of Egyptian and English law

Document Type : Review Article

Authors
Aidin Lotfollahzadegan 1
Reza Karimi Monfared 2
1 Judicial Law Expert, Faculty of Law and Political Sciences, Islamic Azad University, South Tehran Branch. (Corresponding Author)
2 University lecturer, PhD student in private law, Faculty of Law, Islamic Azad University, Science and Research Unit.
Abstract
Article 656 in the definition of power of attorney contract says "power of attorney is a contract whereby one of the parties appoints the other party as his representative to do something The use of the word "order" creates the ambiguity as to whether the subject of power of attorney is exclusive to legal acts. Or that material actions can also be the subject of a power of attorney contract. In order to solve jurisprudence and legal sources, it is clear that according to the jurists, the purpose of shari'a is the criterion for identifying issues that can be represented, and in any matter where the purpose of shari'a has been attributed to the original person, it is not possible to represent them. There is a possibility of representation in any matter that is not intended by the Shariah to act as a real steward. Among the jurists, some of the jurists have specified the ability to act as an attorney only in legal matters and they do not accept the ability to act as an attorney in material matters and they believe that only legal matters It can be the subject of a power of attorney contract, while some people believe that there is no reason to exclude the subject of power of attorney in legal matters, and power of attorney in material matters is also correct, but carefully consider what is considered the subject of a power of attorney contract in the society. It was possible to come to the conclusion that the exclusivity of the power of attorney contract in legal actions is not justifiable and does not match the facts and customs in the society, so it can be considered that material actions can also be the subject of power of attorney contracts under certain conditions.
Keywords
Advocacy
proxy
stewardship
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  • Receive Date 07 December 2022
  • Accept Date 09 February 2023