Power of attorney

mohammad azadi ¹ ( )
mohammad jafarifesharaki ² ( Assistant Professor, Department of Private Law, Islamic Azad University of Isfahan (Khorasgan) Branch )

Submited date : 2022-09-07 Accepted date : 2024-01-21

Keywords: Interrogative, Key words: Absent power of attorney, implied understanding, current acceptance, authorized power of attorney,

Abstract :

Abstract Well-known scholars in jurisprudence are of the opinion that the procuration is a contract, but verbal acceptance is not a condition and acceptance by conduct is sufficient, like when someone says to another, "you are allowed to sell my house on behalf of me" and he accepts and sells. This research considers the validity of the sale in such a power of attorney by analyzing and explaining the famous expressions. It is not in terms of fulfilling procuration to request and acceptance, but in terms of the legitimacy of permission. Additionally, being interrogative, not having power of attorney, relying on concept reference in the state of discretion, and being unable to speak shows that the power of attorney is not limited to the contract . Rather, the correctness of acts of representation depends on permission. And the simile of the attorney only makes sense from this point of view. Therefore, there are two types of power of attorney, one in which acceptance is absolutely necessary. And a power of attorney in which vocable acceptance is not a condition .And the verbal acceptance is absolutely not the result.