Jurisprudential and legal examination of irremovable power of attorney in the presence of a necessary contract

Danial Hosseinzadeh¹ Mohammad Ismail Shadravan²

1) PhD Student, Law Department, Arak Branch, Islamic Azad University, Arak, Iran
2) Department of Jurisprudence and Fundamentals of Law, Arak Branch, Islamic Azad University, Arak, Iran

IOI Code : AADH-ABBCCB
Publication : The second international conference on new researches in management, law, humanities and entrepreneurship(icmlhe.ir/2nd)
Abstract :
    The Iranian Civil Code, which is derived from Imami jurisprudence, considers agency to be a permissible contract. The Quran and Sunnah also pay special attention to it, and this is evidence of its legitimacy from a jurisprudential perspective. However, irrevocable agency is another important issue in the matter of agency contracts that has been accepted and considered by great jurists and lawyers. According to Article 679 of the Civil Code, the attorney and the client can make the agency contract binding on themselves in two ways; one is to include it as a condition in the mandatory contract, and the other is to waive their right to terminate it as a condition in the mandatory contract. In this case, the permissible contract becomes binding as a consequence of the mandatory contract, and each party will adhere to it. Of course, this waiver of the right must be partial, and the subject matter of the agency must also be partial or specific, not general or general agency; The issue we are examining in this article is to discuss the jurisprudential and legal issues of this type of power of attorney as a condition in a necessary contract, which seems to indicate that the legislator most likely meant the condition mentioned in the text of the article to be a condition of result; although the inclusion of this condition as a condition of action is also correct and correct, and in terms of the effects and provisions of the condition, they may differ from each other. In this way, the inclusion of irrevocable power of attorney in a necessary contract does not change the nature of the permissibility of the power of attorney, but only obliges the parties to it in accordance with the original contract, - just as in this case, the power of attorney contract is null and void upon the death or insanity of one of the parties - and for this reason, the act in violation of the condition is a guarantee for the violator and he must bear the losses of the other party.

Keywords : power of attorney permissible necessary contract condition in the contract irrevocable power of attorney condition of result