Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Retaining power of attorney in the sale of real estate after death and inheritance in fiqh, Iranian and French law

Document Type : research

Authors
Yaser Khosravi 1
Seyed Mohammad Reza Imam Imam 2
Bijan Haji Azizi 3
1 PhD Student of Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Associate Professor Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
3 Associate Professor of the Department of Law, Bu Ali Sina University, Hamedan, Iran.
10.22034/ejs.2023.408047.1490
Abstract
Background and Aims: One of the important conditions in concluding contracts is having the necessary qualifications and being alive for the parties to the contracts. The purpose of the present research is to investigate whether there is a possibility of survival of the power of attorney after death in the assumption of real estate transactions and sales.
Materials and Methods: This research is of a theoretical type, the research method is descriptive and analytical, and the method of collecting information is library-based, and it was done by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the current research, the originality of the text, honesty and trustworthiness have been observed.
Findings: The study conducted in Iranian jurisprudence and law shows that the power of attorney contract is annulled when a single person dies, but the civil law is silent on the possibility of the power of attorney surviving.
Conclusion: There is a possibility of survival of power of attorney contract after death and death in some cases, especially the discussion of real estate transactions and sales. Based on this, it seems that the termination of the attorney's contract in the sale of real estate should be limited to specific cases, such as removal of the attorney's authority due to dismissal or resignation, not death.
Keywords
lawyer
property sale
death
stone
Attorney retention
Subjects
Strategic Studies of Jurisprudence and Law
Volume 3, Issue 2 - Serial Number 9
Studies of economic jurisprudence
Spring 2021
Pages 153-168