Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Legal Nature of Irrevocable Formal Power of Attorney

Document Type : research

Authors
1 Ph.D. student of private law, Maragheh Branch, Islamic Azad University, Maragheh, Iran
2 Assistant Professor, Department of Private Law, Maragheh Branch, Islamic Azad University, Maragheh, Iran
3 Assistant Professor, Department of Private Law, Maragheh Branch, Islamic Azad University, Maragheh, Iran.
10.22034/ejs.2026.433458.1651
Abstract
Background and Aims: To examine the nature of  formal irrevocable power of attorney is one of the most important legal issues that has been  the place of conflict between jurists and lawyers. On the other hand, the increasing tendency of people to prepare such power of attorney has made dealing with the issue  from professional, theoretical and practical point of views. The present study aims to recognize the legal nature of formal irrevocable power of attorney in guarantee or transfer matters.
 
Method  and Materials: The present study is  analytical_ practical.
 
Ethical consideration: In writing the article the principles of authenticity of text ,honesty and trust worthiness have been observed.
 
Findings: Given the purpose for which the power of attorney was granted, it can be considered as a loan or mortgage.
 
Result: Attorney's sentence in irrevocable  power of attorney is subject to power of attorney contract and the nature of guaranteed power of attorney is indicative of being mortgage. As a result ,the effects of transferable irrevocable power of  attorney can be summarised in incapacity of parties, the effect of deaths on the power of attorney, the condition of non fulfilment of power of attorney ,seizure ofproperty subject of transferable power of attorney. In addition, in guaranteed power of attorney incapacity of parties,death  and no_fulfillment of a power of attorney  have been obvious.
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Subjects

Volume 7, Issue 5
Studies of economic jurisprudence
Autumn 2025
Pages 123-140