Investigation of a Contractual Representative’s Dealing with Oneself in the Iranian Legal System
Subject Areas : Civil Law
Fatemeh Jameei
1
*
,
Nader Khavandgar
2
,
Hirad Mokhayeri
3
1 - PhD student in Private Law, Department of Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2 - Assistant Professor of Private Law, Department of Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
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.
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