مطالعات فقه و حقوق اسلامی (Dec 2019)

A Legal - Jurisprudential approach to the nature and effects of Delegation Attorney Ship

  • mahdieh latifzadeh,
  • Abdullah khodabakhshi

DOI
https://doi.org/10.22075/feqh.2019.16868.1891
Journal volume & issue
Vol. 11, no. 21
pp. 271 – 288

Abstract

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Attorney ship has different forms in Imamie's jurisprudence. Occasionally, the attorney ship is in the form of delegation and the lawyer has a plenipotentiary representation from the client and in addition to the independency in the transaction, he/she has the power in all affairs after the contract including taking delivery, handing over, rescission and cancellation. Imamie’s jurisprudence considers delegation attorney as a principal in the transaction who has extensive powers too. Given that such a concept is not reflected or is less mentioned in the laws and even in the legal literature, it raises this question that what kind of lawyer is a delegation attorney. By comparing this entity with other representative entities, can claim about the nature of delegation attorney ship that the delegation attorney is a special lawyer and is a new concept of attorney ship at the disposal of attorney ship of covenant.

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