Unity or plurality of "Authority" and "observance of expediency" in the power of attorney contract

Document Type : Research Paper

Authors

1 Law Department , Administrative sciences and Economics Faculty, University of Isfahan, Isfahan, Iran

2 PhD Student in Private Law, University of Isfahan

Abstract

Obligations of the type of legal duties are stated for the lawyer and not contractual obligations that can be requested to be fulfilled. Among these duties are observing the interests of the client and not exceeding the limits of the granting authority mentioned by the legislator in Article 667 of the Civil Code. In this study, we seek to investigate whether the action of the attorney within the given authority is the same as the observance of the client's interest or that each of the permission and interest is different from the other and acting on each of them prevents the attorney from doing the case? In other words, is there unity or discretion between permission and interest? After researching the law books and the writings of the jurists, the authors came to the conclusion that permission (authority) and interest are not the same and each is different from the other, and the attorney should do each of these within each other. Also, by drawing the scope of interest, it became clear that by accepting the theory of multiplicity, the guarantee of non-observance of interest is not more than one case and there is no need to express the three assumptions that exist in legal writings.

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References

Black, Henry (1963) Law Dictionary; 5th ed, New York, West Publishing.
Bowstead, William. Reynolds, Francis Martin Baillie (1996) Bowstead and Reynolds on Agency, sixteenth edition London, Sweet & Max Well.
Collin, (1992) Law Dictionary; 4th ed, Universal Book Stall, London: Published by Peter Collin Publishing.
 

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