Mansour Amini; Mona Abdi
Abstract
By development of commerce and significant speed of commercial Transactions, Specialization of affairs, existence of increasingly varied needs, Formation of legal Entities, ...
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By development of commerce and significant speed of commercial Transactions, Specialization of affairs, existence of increasingly varied needs, Formation of legal Entities, formation of universal economy and many Other Factors, direct actions And stewardship for all legal activities have Been reduced. Such issues reinforce The importance and necessity of attention to agency institution. Among the different types of agencies, apparent agency is one of the most Important and practical and also the newest kind of agency which is a Combination of two theory: theory of agency and theory of appearance. According to a general principle of agency field, an unauthorized agent is Not Able to bind his principal to contract with third parties. Apparent Agency is its Exception. Despite of being exceptionality, apparent agency has been realized And accepted in two main legal systems – common law Systems and civil law Systems - and also in different countries regardless of Level of development. This theory has new scopes and applications that in our legal system have not been considered by legislators, judges, and legal writers. This article introduces these applications that have been used by countries specially in common law systems in recent years and also will introduce some model of legislation in relation with entering this theory into the civil law systems.
Azizallah Fahimi; Mohammadreza Zand Vakili
Abstract
One of the complex issues in prove claims of evidences to Islamic law and statute law is in principle conflict or appearance and this complexity, Has various causes that one of those is differences in Examples of principle conflict with appearance or appearance with conflict. If appearance of the ...
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One of the complex issues in prove claims of evidences to Islamic law and statute law is in principle conflict or appearance and this complexity, Has various causes that one of those is differences in Examples of principle conflict with appearance or appearance with conflict. If appearance of the evidence known and appointed census being from lawgiver, there is no doubt in priority of appearance with principle, such as Unit News, confession and testified and like these. But there is some disagreement between jurists and lawyers in principle priority or appearance, if the appearance is understood through indications, customs and habit, dominance and prevalence and the like. Most jurists in conflict of principle and appearance, believe that the appearance is prior to the principle. Notwithstanding, the examples can be found that principle is prior to appearance. The cause is that many jurists merely rely on the appearance attested by the legislator. In this paper, the priority of the principle with the appearance is resulted, while studying the examples of the principle and appearance conflict.