نوع مقاله : مقاله پژوهشی
1 عضو هیأت علمی دانشکده الهیات دانشگاه شیراز
2 کارشناسی ارشد فقه و مبانی حقوق اسلامی دانشگاه شیراز
عنوان مقاله [English]
This study analyses the condition of attorney dismissal which civil law has accepted because its previous studies presented that the truth and requirement of attorney contract in terms of customary and literally agreement, is representation. Removal of lawyers with guaranteed implication or even by claim of adjustment implication lies in the meaning of representation and the two parts are not separated.
Therefore, the condition is opposite of the Book and Sunnah. Moreover,the condition of attorney dismissal can be analyzed in terms of the Book and Sunnah through presenting of attorney specific arguments about the client reference which includes conditional and un-conditional situations, and in case of doubt, there is the principle of command on client dismissal right from attorney. Also the license for reversion of attorney rules is considered special in which the parties can not agreed against it with the conditional statement. Thus, the condition of dismissal is against to the Book and Sunnah. The method of the study is Descriptive- Analysis.