Investigation of a Contractual Representative’s Dealing with Oneself in the Iranian Legal System
Subject Areas : Civil Law
Fatemeh
Jameei
1
(PhD student in Private Law, Department of Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.)
Nader
Khavandgar
2
(Assistant Professor of Private Law, Department of Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.)
Hirad
Mokhayeri
3
(PhD student of International Relations, Department of Political Science, Faculty of Humanities, Zanjan Branch, Islamic Azad University, Zanjan, Iran.)
Keywords: Contractual Representative, Dealing with Self, Iranian Legal System.,
Abstract :
The significance of concluding contracts requires that there should be a legal relationship in the name of representation in the relations between individuals, so that the representative can participate in the contracts in his/her own name and conclude the contract on his/her behalf. Representation is divided into kinds based on the validity of the basis and its cause, and one of the most important of which is contractual representation. Since the existence of two wills is necessary in concluding any contract, the contractual representative declares his/her will on behalf of the original party and in some cases may participate in the contract on his/her own behalf and in his/her own right and deal with him/herself. Therefore, in the present study, in order to clarify the various dimensions of such a deal, in response to the question of what is the nature and legal status of such a deal in the Iranian legal system if a deal is made by contractual representatives including lawyers, directors of commercial companies, dealers and brokers, it should be said that such a deal was accepted as a contract and in the case of a lawyer, it shall be valid and effective by observing the client’s interests, in the case of managers of commercial companies and dealers, it shall be valid and effective by observing formalities, but the broker's dealing with himself/herself is not valid and he/she can only have a share in the deals of the parties. All of which were examined in detail in this article.
Yazidi, Narges, (2005). "The lawyer's relationship with himself in jurisprudential-legal thought",
two quarterly journals of jurisprudence and family law, numbers 37 and 38.
Bahri, Fatima, (2000). "Dealing with yourself (1)", Kanon monthly magazine, 44th year, 2nd
period, 19th issue.
Bahri, Fatemeh, (2010). "Dealing with yourself (3)", Kanon monthly magazine, 45th year, 1st
period, 27th issue.
Hatami, Siddiqa, (2016). "The legal status of self-dealing in various representative institutions",
National Conference on Modern Researches in Management, Economics and Human
Sciences.
Dehkhoda, Ali Akbar, (1958). Dehkhoda Dictionary, Tehran University Press, Faculty of
Literature and Human Sciences, Tehran, first edition.
Gharibeh, Ali, (2003). "The nature and legal status of a transaction between a person and himself",
Allameh's two quarterly journals, the first period, the sixth and seventh issues.
Kanavati, Jalil, (2002). "Legal Nature of Representation", Qom Higher Education Complex
Magazine, 4th year, 12th issue.
Katouzian, Nasser, (1993). General rules of contracts, first volume, Modares Publications, Tehran,
second edition.
Katouzian, Nasser, (2009). Moin contracts, the fourth volume, publishing company, Tehran, sixth
edition.
Nazimi, Saber, (2008). "A lawyer's dealings with himself", Kanon monthly magazine, year 50,
second period, number eighty-four.