Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 151-170 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Khosravi Y, Imam S M R, Haji Azizi B. The Possibility of Survival of Representation after Death and Death, a Comparative Study in the Legal System of Egypt and France. MLJ 2022; 16 :151-170
URL: http://ijmedicallaw.ir/article-1-1587-en.html
URL: http://ijmedicallaw.ir/article-1-1587-en.html
1- Ph.D. Student, Department of Fiqh and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2- Associate Professor, Department of Fiqh and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
3- Associate Professor of the Department of Law, Bu Ali Sina University, Hamedan, Iran.
2- Associate Professor, Department of Fiqh and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
3- Associate Professor of the Department of Law, Bu Ali Sina University, Hamedan, Iran.
Abstract:
Background and Aim: Most of the legal writers consider the occurrence of death and death on the lawyer and the client as the reasons for annulment of the power of attorney contract. In jurisprudence, they consider the non-existence of the power of attorney contract after death in the consensus of scholars and in Iranian law, in the third paragraph of Article 678 and Article 954. A. Also, according to jurisprudence, the occurrence of death and dissolution of the power of attorney contract is absolutely considered to invalidate the power of attorney contract, of course, according to different interpretations of Article 777 M. and other similar articles and contracts such as mortgage contract and will will not leave the idea of survival of the power of attorney after death. Therefore, the purpose of this research is to examine the possibility of the survival of the power of attorney after death, considering the legal differences and major problems that have arisen due to the absolute cancellation of the power of attorney contract after the death in the judicial authorities.
Method: This research is of a theoretical type, the research method is descriptive and analytical and the method of collecting information is library-based and it was done by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, the originality of the text, honesty and trustworthiness have been observed.
Results: The study conducted in Iranian law shows that the power of attorney contract is absolutely nullified if the death and death happen to it and the civil law regarding the possibility of remaining silent, according to a comparative study conducted in legal systems such as Egypt and France in this regard that the power of attorney contract is not invalidated at the very beginning due to coercive factors such as death or death, but taking into account the interests and losses of the interested parties, the decision to cancel or maintain the power of attorney contract will be made after death.
Conclusion: The result of the current research and comparative studies is that there is a possibility of the survival of the power of attorney contract after death and death in some cases. The document of this claim is the difference of opinion of jurists in this field, legal principles and rules, as well as the establishment of legal systems. It is like Egypt and France, which do not consider the power of attorney contract to be invalid from the beginning just because the parties die or die, but in some cases, depending on the interests and losses of the parties, they consider the survival of the power of attorney contract after death and death happen to it.
Please cite this article as:
Khosravi Y, Imam SMR, Haji Azizi B. The Possibility of Survival of Representation after Death and Death, a Comparative Study in the Legal System of Egypt and France. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e10.
Method: This research is of a theoretical type, the research method is descriptive and analytical and the method of collecting information is library-based and it was done by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, the originality of the text, honesty and trustworthiness have been observed.
Results: The study conducted in Iranian law shows that the power of attorney contract is absolutely nullified if the death and death happen to it and the civil law regarding the possibility of remaining silent, according to a comparative study conducted in legal systems such as Egypt and France in this regard that the power of attorney contract is not invalidated at the very beginning due to coercive factors such as death or death, but taking into account the interests and losses of the interested parties, the decision to cancel or maintain the power of attorney contract will be made after death.
Conclusion: The result of the current research and comparative studies is that there is a possibility of the survival of the power of attorney contract after death and death in some cases. The document of this claim is the difference of opinion of jurists in this field, legal principles and rules, as well as the establishment of legal systems. It is like Egypt and France, which do not consider the power of attorney contract to be invalid from the beginning just because the parties die or die, but in some cases, depending on the interests and losses of the parties, they consider the survival of the power of attorney contract after death and death happen to it.
Please cite this article as:
Khosravi Y, Imam SMR, Haji Azizi B. The Possibility of Survival of Representation after Death and Death, a Comparative Study in the Legal System of Egypt and France. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e10.
Keywords: Survival of Attorney, Power of Attorney after Death, Retention of Power of Attorney, Comparative Study
Type of Study: Original Article |
Received: 2022/12/26 | Accepted: 2023/02/25
Received: 2022/12/26 | Accepted: 2023/02/25
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
