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Originality of Representative’s Apparent Will in Iranian Law

Authors: Alireza Alipanah; Alireza Nourabadi; Sobhan Abbaspour;

Originality of Representative’s Apparent Will in Iranian Law

Abstract

In accordance with Article 196 of the Iranian Civil Code, "Anyone contracts for himself, unless the contrary of this is stipulated in contract or to be proved in future". Iranian law scholars have interpreted this provision to two different species. Some know that as confirming the theory of the “apparent will” and claim that the exception set forth in this article only regulated the legal relationship between the representative and principal, not the legal relationship between the representative and contractor. Therefore, the legal relationship between the representative and the principal is not citable against the unaware person. History of Shiite jurisprudence confirms it, too. While others believe that the exception set forth in this article only regulated the legal relationship between the representative and the contractor and the relationship between the representative and the principal is citable against him as well, although he is unaware. The first interpretation is based on the theory of the apparent will that it is rooted in the need to public policy and the second interpretation is based on the freedom of contracts. This article seeks to examine both the interpretation and the reasons for them in Iran with emphasis on the proper interpretation of Shiite jurisprudence and recognize the best. At the end of this article the second view is accepted.

Keywords

the theory of the backend will, Islamic law, article 196 of the iranian civil code, the theory of representation, apparent will, the theory of the apparent will, KBP1-4860

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold