نوع مقاله : پژوهشی
نویسندگان
1 مربی گروه حقوق دانشگاه آزاد اسلامی واحد اردبیل
2 دانشیار گروه حقوق خصوصی دانشگاه شهید مطهری
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Agency is subrogation and based on the majority of Shi'a jurisprudents and Iranian civil law an irrevocable agency is a kind of agency in which the agent's agency or the failure to dismiss him as a condition for the outcome of the contract is required. Today, irrevocable agency has become more prominent among traders than what it deserves and the trade conventions of the past decade have considered the irrevocable agency as a contract in which a person (the client) through obtaining the cost of his financial rights and signing the document gives that property or right to another person (agent) and cannot have any claim over that property or right. However, the condition of the agency or not being dismissed during necessary agreement does not change the nature of the agency and does not result in the change of the nature of agency from permission and subrogation to an eternal phenomenon. With such a condition, the client cannot dismiss the agent and in other sentences the permissible contracts, such as its dissolution due to the death and insanity of both sides, will not be influential. The present article aims at highlighting the weak points of an irrevocable agency and presenting a new pattern capable of replacing with it. The proposed template is a "transfer of sale right contract'' which is qualified enough to compete with death and insanity. ''Right of sale" as one of the components of property right has the necessary capabilities to replace the permission and representation. The focus of the text is on the fact that this capability should be proved taking into account the existing legal capacity so that any possible shortcomings can be solved through legislator's intervention.
کلیدواژهها [English]
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