Review of Stipulating the Condition of Commitment Not to Performed an Act against Irrevocable Attorneyship

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JAVAR HOSSEIN; NURI SEYYED HOSSEIN; Asadi Abazar

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Paper Information

Journal: Islamic jurisprudence Resaerch Year:2020 | Volume:16 | Issue:1 Page(s): 149-171

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Information Journal Paper

Title

Review of Stipulating the Condition of Commitment Not to Performed an Act against Irrevocable Attorneyship

Author(s)

JAVAR HOSSEIN | NURI SEYYED HOSSEIN | Asadi Abazar | Issue Writer Certificate

Keywords

Irrevocable AttorneyshipQ1

ClientQ1

AttorneyQ1

DisqualificationQ1

Commitment not to ActQ1

Abstract

Attorneyship is a permissible and lawful contract. In this contract, the Client or the lawyer may terminate the contract at any time. Achieving a stable and unshakable contract is possible in the light of Attorneyship/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Irrevocable Attorneyship. But even in power of Attorney, the Client can do something that can lead to the termination of the contract. For example, a Client may sell a product that has an irrevocable sale Attorneyship and the contract will then is terminated. To prevent this action by the Client, the condition of “ not-performing an act against the case of Attorneyship by the Client" applies. The present article aims to investigate the validity of this condition and discusses the condition by using a descriptive-analytical method. The findings of the study indicate that the condition of the expiry of the right was considered by jurisprudents to be like a ruling and deprivation of this right is not permissible. However, if the condition is construed to constitute a commitment not to perform an act against the case of Attorneyship, it would be flawed and will have the same result.

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APA: Copy

JAVAR, HOSSEIN, NURI, SEYYED HOSSEIN, & Asadi, Abazar. (2020). Review of Stipulating the Condition of Commitment Not to Performed an Act against Irrevocable Attorneyship. ISLAMIC JURISPRUDENCE RESEARCH, 16(1 ), 149-171. SID. https://sid.ir/paper/397736/en

Vancouver: Copy

JAVAR HOSSEIN, NURI SEYYED HOSSEIN, Asadi Abazar. Review of Stipulating the Condition of Commitment Not to Performed an Act against Irrevocable Attorneyship. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2020;16(1 ):149-171. Available from: https://sid.ir/paper/397736/en

IEEE: Copy

HOSSEIN JAVAR, SEYYED HOSSEIN NURI, and Abazar Asadi, “Review of Stipulating the Condition of Commitment Not to Performed an Act against Irrevocable Attorneyship,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 16, no. 1 , pp. 149–171, 2020, [Online]. Available: https://sid.ir/paper/397736/en

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