Document Type : Original Article
Authors
1
PhD student in Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
2
Professor, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
3
Assistant Professor, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
10.22080/lps.2025.28923.1731
Abstract
In representation by proxy, despite the principle of relativity of contracts, the actions of intermediary lawyers, sometimes in the assumption of fault, create a liability that sometimes extends to the surroundings of the intermediary lawyers. The distribution of liability arising from the harmful acts of the principal lawyer and the surroundings of the intermediary lawyers, which originate from their fault, is a question worthy of attention that the authors seek to answer in the upcoming research. The results of the present study indicate that, contrary to Iranian law and the view of some Imami jurists who believe that the principle of relativity of contracts does not prevent the liability of subsequent intermediary lawyers to the main client, in the French legal system, due to the relationship of appointment and relativity of the contract between the main lawyer and the intermediary lawyers, the subsequent intermediary lawyers are solely responsible for compensating the damage caused to the main client due to their harmful acts based on the respective liability resulting from the subordinate act. In these circumstances, the right to claim damages from the main lawyer to the subsequent intermediary lawyers is still valid. However, the present study, using a descriptive-analytical method, seeks to understand the distribution of liability resulting from the fault in the harmful acts of subsequent intermediary lawyers (assuming the permissibility of power of attorney to others) from the perspective of Iranian and French law.
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