ORIGINALITY OF REPRESENTATIVE’S APPARENT WILL IN IRANIAN LAW

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ALIPANAH ALIREZA; NOURABADI ALIREZA; ABBASPOUR SOBHAN

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Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2016 | Volume:16 | Issue:2 (42) Page(s): 91-113

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Information Journal Paper

Title

ORIGINALITY OF REPRESENTATIVE’S APPARENT WILL IN IRANIAN LAW

Author(s)

ALIPANAH ALIREZA | NOURABADI ALIREZA | ABBASPOUR SOBHAN | Issue Writer Certificate

Keywords

THE THEORY OF THE APPARENT WILLQ2

THE THEORY OF THE BACKEND WILLQ2

APPARENT WILLQ2

THE THEORY OF REPRESENTATIONQ2

ARTICLE 196 OF THE IRANIAN CIVIL CODEQ1

Abstract

In accordance with ARTICLE 196 OF THE IRANIAN CIVIL CODE, "Anyone contracts for himself, unless the contrary of this is stipulated in contract or to be proved in future". Iranian law scholars have interpreted this provision to two different species. Some know that as confirming the theory of the “apparent will” and claim that the exception set forth in this article only regulated the legal relationship between the representative and principal, not the legal relationship between the representative and contractor. Therefore, the legal relationship between the representative and the principal is not citable against the unaware person. History of Shiite jurisprudence confirms it, too. While others believe that the exception set forth in this article only regulated the legal relationship between the representative and the contractor and the relationship between the representative and the principal is citable against him as well, although he is unaware. The first interpretation is based on APPARENT WILL/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">THE THEORY OF THE APPARENT WILL that it is rooted in the need to public policy and the second interpretation is based on the freedom of contracts. This article seeks to examine both the interpretation and the reasons for them in Iran with emphasis on the proper interpretation of Shiite jurisprudence and recognize the best. At the end of this article the second view is accepted.

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APA: Copy

ALIPANAH, ALIREZA, NOURABADI, ALIREZA, & ABBASPOUR, SOBHAN. (2016). ORIGINALITY OF REPRESENTATIVE’S APPARENT WILL IN IRANIAN LAW. ISLAMIC LAW RESEARCH JOURNAL, 16(2 (42) ), 91-113. SID. https://sid.ir/paper/229428/en

Vancouver: Copy

ALIPANAH ALIREZA, NOURABADI ALIREZA, ABBASPOUR SOBHAN. ORIGINALITY OF REPRESENTATIVE’S APPARENT WILL IN IRANIAN LAW. ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2016;16(2 (42) ):91-113. Available from: https://sid.ir/paper/229428/en

IEEE: Copy

ALIREZA ALIPANAH, ALIREZA NOURABADI, and SOBHAN ABBASPOUR, “ORIGINALITY OF REPRESENTATIVE’S APPARENT WILL IN IRANIAN LAW,” ISLAMIC LAW RESEARCH JOURNAL, vol. 16, no. 2 (42) , pp. 91–113, 2016, [Online]. Available: https://sid.ir/paper/229428/en

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