نوع مقاله : علمی پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران.
2 استاد گروه حقوق خصوصی، دانشکد حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران.
3 استادیار گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Despite the principle of relativity of contracts in delegation of power of attorney, the actions of lawyers with intermediary in fault presumption creates a liability that sometimes extends obligations to the surrounding area of the lawyers with intermediary. How to distribute liability caused by the harmful actions of the attorney-in-fact and those around the lawyers with intermediary, which stem from their fault, is a noteworthy question that the authors seek to answer in the upcoming research. Despite the Iranian law and the view of some Imamiye jurists who believe that the principle of relativity of contracts does not prevent the liability of subsequent lawyers with intermediary toward the main client, according to the nature of representation and the principle of relative effect of the contract in French law, the legal relationship between the lawyers with intermediary and the principal client is regulated in such a way that in case of a harmful act committed by the lawyers with intermediary, they are only held responsible toward the primary lawyer or the first lawyer. In this framework, the responsibility of compensating the principal client's damages caused by the harmful actions of the lawyer with intermediary will not be directly borne by the first lawyer, but rather by the mechanism of liability resulting from the action of the subordinate towards the predecessor.In these circumstances, the right to claim damages on the part of the principal lawyer against the subsequent attorneys is still valid. However, the authors, using a descriptive-analytical method, seek to know how to distribute the responsibility resulting from the fault in the harmful actions of subsequent lawyers with intermediary (in presumption of authorizing delegation of attorney’s power to others) from the perspective of Iranian and French law.
کلیدواژهها [English]