نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 استاد حقوق خصوصی دانشگاه مازندران
2 دانشجوی دکترای حقوق خصوصی، دانشکده حقوق و علوم سیاسی دانشگاه مازندران، بابلسر، ایران
3 استادیار دانشکده حقوق و علوم سیاسی دانشگاه مازندران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Regarding self-dealing and its rules, there are rarely regulations in Iranian laws. As a rule, the permission to enter into a transaction with yourself in Iranian law is obtained from Article 198 of the civil Law. The legal status of a lawyer's self-dealing, especially in cases where the lawyer is not explicitly authorized to conclude a deal with himself and the lawyer is authorized to conclude a contract by absolute power of attorney, has been disputed in Islamic jurisprudence and Iranian law. In the general rules of transactions, there are no provisions to clarify the issue and prevent the division of votes. Some people think that the deal with themselves is correct only in cases where the lawyer is authorized by the client to do it. On the other hand, some people believe that an authorized lawyer has the right to enter into a transaction with him, even in general or absolute form, even if there is no specification. This descriptive-analytical article shows that, under the rule of the principles of firmness of transactions and freedom of will and contracts, the aforementioned lawyer's transactions are self-enforceable, unless there is an explicit prohibition in the regulations or contract.In the light of these principles, in order to guarantee the rights and freedoms of individuals, if there are restrictive provisions, it should be considered as an exceptional ruling and against the rule, and it should be interpreted in a limited way, and the extraction of general rulings from exceptional rulings should be avoided.
کلیدواژه‌ها [English]
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