Apparent Representation And Its Effects In Iran's Jurisprudential Legal System And Common Law
Subject Areas : Civil Law
Ebadollah
Rostami Chalkasari
1
(Associate Professor of Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran .)
Ali
Jamalzadeh
2
(Master's Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.)
Keywords: Apparent representation, Imami jurisprudence, common law, implied representation ,
Abstract :
"Apparent representation" originates from English law and does not fall under the usual definitions of representation. In this theory, the first person through his behavior has caused the other to be recognized as his representative, and the third to imagine and acknowledge the representation, while there is no representative relationship between them in the way that is usually expected. Therefore, the first person cannot deny the representation. In Imami jurisprudence, the special word "apparent representation" has not attracted the attention of jurists and there are no rulings around it, but this does not indicate the absence of a similar opinion and its inadmissibility in Imami jurisprudence. The purpose of the research is to compare this theory and its works with similar institutions in Imami jurisprudence. It is thought that the mentioned theory is sometimes effective in facilitating legal practices, so according to the scope of jurisprudence, comparative research in this regard may be effective in Islamic business. In this research, it is expected that the effects of apparent representation and its similar institutions are different in nature, but there is no significant conflict between them. The research method is searching and collecting sources (books, articles,...) and taking notes from them.
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