Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Analyzing and criticizing the position of the necessity of the inquiry on the survival of the attorney in Iranian laws and international laws and its impact on iran’s notary offices

Document Type : Research Article

Author
Masters of private law, faculty of law, Islamic azad university, Meymeh branch, Iran. (Corresponding Author)
Abstract
In order to pay attention to the necessity of matching the rules of law with the undeniable needs of the society ,the following results can be stated,in cases where the power of attorney is absolutely set and there is the ability to dismiss the attorney by the client ,the basic question is whether the notary public who prepares the transaction document based on the power of attorney ,is obligated to inquire about the validity of the attorney’s power of attorney regarding the power of attorney from the office.are the official documents regulating the power of attorney or not? Today’s power of attorney is not just acting as a proxy for another person,it is not for the purpose of carring out his affairs,because the said contract has moved away from this situation little bye little throughout history,so that at the beginning ,its reguirement in addition to another contract is used for the benefit of the client.went,but now,the same contract can be used in order to protect the lawyer’s interests. Judges and lawyers have taken effective steps by making comments in accordance with the needs of the society in order to use the power of attorney contract for purpose other than granting power of attorney. therefore, the head of the notary office must also take steps in the direction of the evolution of the concept of power of attorney contract and its transformations.
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  • Receive Date 24 September 2023
  • Revise Date 19 November 2023
  • Accept Date 04 February 2024