جستجوی مقالات مرتبط با کلیدواژه « فقدان سمت » در نشریات گروه « فقه و حقوق »

Theory of arbitration advocacy refers to the influence of the legal actions of arbitration representative and attributing the legal implications of those actions to the principal. However, there are conflicting points of view with regards to the territory, conditions and the principals of this theory in Islamic jurisprudence, Iranian law and laws of some European countries. Three viewpoints are provided with regard to this theory: Fault of the client, the no harm principle and preserving the rights of the third-party. It seems that among those three viewpoints, the latter is more suited to the Iranian law; although in UK law this theory is analysed based on the doctrine of Staple and in French law, it is analysed based on third-party rights. In Iranian law, the theory of arbitration representation has a limited sphere and cannot be extended to a great number of cases with the aid of comparison. However; its implementation in the sphere of the unauthorised transactions has much justification.