Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Possibility of Appointing an Agent to Dethrone and Resignation of Agent

Document Type : .

Author
PhD, Faculty Member, Department of Private Law, Sari Branch, Islamic Azad University, Sari, Iran.
Abstract
Background and Aim: One of the legal actions that the client can take is to dismiss the lawyer and in return, the lawyer can also resign. However, delegating power of attorney to another for the dismissal of a lawyer by the client or the resignation of a lawyer in jurisprudence and civil law is ambiguous.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Findings: Some jurists, without being exposed to the possibility of power of attorney in dismissal or resignation of the lawyer, terminated the nature of dismissal and others introduced it as revocation of permission, and another group, while announcing the principle of power of attorney, termination and revocation in principle. They considered matters to be delegated.
Conclusion: Although the possibility of explicit agreement in the power of attorney for dismissal can be deduced from the jurisprudential and doctrinal perspectives based on civil law, giving permission to appoint a lawyer to another does not require a power of attorney in dismissal and resignation of the lawyer. The power of attorney contract inferred it.
Keywords