The role of the nature of advocacy in recognizing the distinct instances of the institution of advocacy in civil law

Document Type : Original Article

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qom university

Abstract

Although Articles 656 and 657 of the Civil Code have ruled that the power of attorney is a contract; However, the provisions of Article 680 and Article 681 can be seen as conflicting with the power of attorney contract. The reason for the conflict in the mentioned articles can be found in the lack of explanation of the nature of the legal profession. By examining the opinions available, it can be seen that all possible legal entities have been assigned to the legal profession. Some consider it to be conjugation, some consider it to be iqaa, others consider it to be something between iqad and iqao, and some view it as compound iqao. Also, some attorneys have been excluded from the category of legal actions and have considered it as a legal event. In the present article, it was concluded that each of the owners of the above viewpoints, in some way, have overlooked the representation and have considered that example as the nature of representation; However, it seems that the power of attorney has a comprehensive value that can include contractual, conditional and even non-structural examples. Due to this recognition, it is possible to consider representation as having a single meaning, which has many examples. The conflict between the articles of the civil law regarding advocacy can be resolved in this way and different examples of advocacy in the law can be identified.

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Civil Jurisprudence Doctrines

Articles in Press, Accepted Manuscript
Available Online from 19 August 2023

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