Organizing the "Power of Attorney Coupled with an Interest" Doctrine: A Review of Judicial Precedent

Articles in Press

Document Type : Research Paper

Authors

1 master student, ,Department of Private Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.

2 Assistant Professor of Private Law, Faculty of Law and Political Science, Allameh Tabataba'i University

Abstract

This Basic-applied research, using a descriptive-analytical approach, analyzes doctrine of "Power of Attorney (POA) Coupled with an Interest", referring to POA that conceal a right. The fundamental question is the nature of these legal acts and the relationship between the right and the POA. Another question is how such POA are terminated. This legal act must be understood in light of the parties' inner intentions. Two analyses are presented: First, the granted POA, within a real contract, creates a right, with the POA document its outward manifestation. Second, the POA is granted after and based on a right-creating contract; such that the POA document can signify a sale. The termination of these contracts, the concealed right is no different from other acquired rights. If the concealed contract is a sale, its termination follows the rules for irrevocable contracts. The status of the dependent POA within or based on the right-creating contract upon death or incapacity of the parties, based on the dependency of the POA on the acquired right of the attorney and, using Article 777 of the Civil Code as a criterion and according to the express or implied agreement of the parties, the POA can be considered to remain valid.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 10 May 2025

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