نوع مقاله : مقاله پژوهشی
نویسندگان
1 کارشناس ارشد فقه و حقوق اسلامی، پردیس فارابی دانشگاه تهران
2 استادیار دانشکده علوم انسانی، دانشگاه یزد
3 کارشناس ارشد فقه و حقوق اسلامی، دانشگاه یزد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Power of attorney is a voidable contract, and article 678 of civil law involves: Power of attorney is being terminated, because of client's dethrone or lawyer's resignation. According to jurisprudential texts, the lawyer is trustee and will not be responsible unless in case of abuse or wastage. The important question is that: whether lawyer can resign without considering client's status and in this situation isn’t he responsible for losses occurred, or can we regard his resignation in this situation as abuse and wastage? So that he would be responsible for the client's losses. The answer to this question depends on explaining type of power of attorney, the lawyer's conditions, and the time and situation on that the resignation was happened. Some doings such as not to state the resignation on time to the client, the resignation is premature, the lawyer's guilt and his intention to harm the client, are the cases which determine the lawyer as responsible for the losses. In these cases, we can include the lawyer's action as one of these jurisprudential and juridical basics: 'no harm' rule or 'Abuse of right' theory or 'The loss of a chance' theory. The type of harm that is occurred for the client is important too.
کلیدواژهها [English]
