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

Although Articles 656 and 657 of the Civil Code of the Islamic Republic of Iran have ruled that advocacy is a contract, the provisions of Article 680 and Article 681 can be considered contradictory to advocacy as contract. The cause of conflict in these articles can be found in the absence of explaining the nature of the legal institution. It can be concluded by examining the existing opinions, that all possible legal natures have been attributed to the advocacy institution. Some have considered it to be a contract, some have called it unilateral legal act, some have considered it to be something between a contract and unilateral legal act, and some have considered it to be a compound unilateral legal act. It was concluded in the present paper that each of the owners of the above opinions has looked at advocacy and considered that case as the nature of the advocacy, while it seems that advocacy has a comprehensive value (up to the comprehensive) that can hold contractual, unilateral legal act and even non-initiative instances. It is possible to consider advocacy due to this recognition as having a single meaning that has many examples. The conflict between the articles of the Civil Code concerning advocacy will be resolved in this way and various instances of advocacy can be identified in law.

In order to pay attention to the necessity of matching the rules of law with the undeniable needs of the society ,the following results can be stated,in cases where the power of attorney is absolutely set and there is the ability to dismiss the attorney by the client ,the basic question is whether the notary public who prepares the transaction document based on the power of attorney ,is obligated to inquire about the validity of the attorney’s power of attorney regarding the power of attorney from the office.are the official documents regulating the power of attorney or not? Today’s power of attorney is not just acting as a proxy for another person,it is not for the purpose of carring out his affairs,because the said contract has moved away from this situation little bye little throughout history,so that at the beginning ,its reguirement in addition to another contract is used for the benefit of the client.went,but now,the same contract can be used in order to protect the lawyer’s interests. Judges and lawyers have taken effective steps by making comments in accordance with the needs of the society in order to use the power of attorney contract for purpose other than granting power of attorney. therefore, the head of the notary office must also take steps in the direction of the evolution of the concept of power of attorney contract and its transformations.

The development of commercial, economic, social and the need for lawyers in different countries encourages lawyers to practice law in other countries. Considering this issue, sometimes Iranian and Canadian lawyers have the desire to act in the opposite country, so it is necessary to check its regulations. The purpose of this research is to examine the validity of Iranian lawyers' attorney's license in Canada, as well as the validity of Canadian lawyers' licenses in Iran. In this article, the research has been done using legal sources and descriptive-analytical method. By reviewing and analyzing the available information, these results were obtained that an Iranian lawyer must first equate his official documents by spending money and skills in English at the National Accreditation Committee of Canada, and if he is accepted and passes several other exams, he can work as a lawyer in Canada. However, a lawyer with a valid Canadian law degree cannot practice law in Iran because he does not have Iranian citizenship. The only way to act as a lawyer in Iran is to acquire Iranian citizenship in addition to obtaining a lawyer's degree from the designated centers of Iran, according to predefined principles. In the end, it was suggested that in terms of legal and jurisprudential principles and standards, it is not forbidden to work as a lawyer for foreign persons; Iran's legislator should also grant this right to foreign lawyers with conditions, subject to the reciprocity of the lawyer's home country. It is also possible to use the regulations of Canada which were reviewed in this research to formulate the relevant regulations.

. AbstractUnanimous decision No. 607 of the General Board of the Supreme Court, in terms of the way of looking at the nature the profession of lawyer, is the place of thought. Begman's advocacy is considered a job and like other professions, a lawyer receives a salary for providing his services to the client, but being a lawyer's job or receiving a salary is not related to being a business profession. Because in commercial jobs, the main goal is to get more profit and speculation, and the principles governing the market and economy are current in it, but in professions such as litigation (advocacy), litigation, teaching, medicine, etc., the main goal is not to earn profit and speculation. For example, if we consider the proceedings as business affairs, the judge should think only about his own profit and involve his profit in the proceedings, which is not the case. The same meaning exists in litigation, and the lawyer defends the client's legal rights in court, and receiving a salary is secondary to the main goal. For this reason, advocacy is mentioned in the second chapter of the Constitution and in the section on the rights of the nation, and the petitioner has not mentioned advocacy in Article 2 of the Trade Law in the position of enumerating commercial jobs. In the Law on Trade Union Affairs and the Law on Municipalities, lawyering is not included among commercial jobs. Therefore, the law office is not a place of business and is not subject to the regulations of commercial places, including the right of business and trade and the law of 1356, placing the profession of lawyer in the Facilitation Law is inconsistent with the nature of this profession and will be harmful to the judicial system of the country.

In the original transactions, the civil law has placed on the genuineness of the parties to the transaction, that is, the parties to the contract must transact with each other in their own name and account. The validity of the transaction depends on having the capacity, and this capacity is meant in addition to the capacity to enjoy and the capacity to implement civil rights and capacity. To carry out the desired transaction, the seller, in addition to having legal growth, is the owner of the seller, and if the seller is an immovable property, the buyer must be Iranian. And on the other hand, representation in jurisprudence is taking a representative in possession and in civil law, representation is a contract by which one of the parties appoints the other party to do something for his representative. In all periods of history and among all nations, from a social point of view, the profession of lawyer has been considered among the noblest, noblest, and most important professions. Gives that the family's honor, property, and their lives are at risk. The lawyer is a guiding light for these people. The lawyer is an independent active element and does not obey anyone or any position. 

The performance of professional jobs for the public interest of society and their entry into the field of public services, doubles the need for government intervention in regulating the rules governing their performance. The present study, by exploiting the studies of the control library and adopting an analytical-descriptive approach, in order to explain the components of government intervention in regulating the legal profession, has reached the conclusion that contrary to the idea, the UK government intervenes in three levels of criteria. Governing the "structure and organization of the legal profession", "how to enter the legal profession" and "professional tenure" to pay the legal regime governing the legal profession is paid. Items such as "Determining the legal nature of the Bar Association", "Comprehensive government oversight of the Bar Association and the legal profession", "Regulation in the field of advocacy", "Reporting the Bar Association's obligation to nine government governments", "Reviewing the Bar Association's request and supervision On the approvals of the pillars and management components of the association "," Obligation to apply transparency in the performance of bar associations "," Determining the conditions of representation and admission "," Intervention of lawyers' training "," Intervention in the names in the list of lawyers "," Establishment of lawyers 'disciplinary courts and investigation of their violations "," Regulation of public oversight of Uber Bar Associations "," Regulation of government oversight mechanism in Bar Associations "," Supervision of lawyers' training "," Determining the amount and "How to obtain attorneys' fees", "Suspension and revocation of attorney's license", "Prohibition of attorney by qualified persons", "Control over employees and attorneys" and finally "Regulation of the mechanism of attorneys and non-attorneys" are examples of government intervention in England The establishment of bar associations in this country is considered.

Islamic jurisprudential schools have presented various reasons to justify merchandise (Ebzae) and its permissibility while offering diverse definitions and interpretations of its essence. Given the significant influence of jurisprudential principles on the nature of Ebzae, it becomes imperative to assess these jurisprudential fundamentals critically. This research addresses the central question: "What are the reasons supporting the permissibility of Ebzae according to Islamic jurisprudential schools?" The research hypothesis posits that some of the reasons put forth to establish the permissibility of Ebzae lack sufficient justification. The present study employs a descriptive-analytical approach and relies on desk studies of both Imamiyyah jurisprudence and Sunni jurisprudence schools.Furthermore, the research findings indicate that variations in the interpretation of Ebzae have led to disputes regarding the fundamental requirement of "voluntariness or freedom" in Ebzae and the entitlement to fair and equitable compensation. Simultaneously, this divergence has resulted in some individuals regarding Ebzae as an independent contract, while others perceive it as a subsidiary of unilateral contracts or advocacy agreements. In some instances, due to factors such as the capital owner's lack of familiarity with business practices, Ebzae is viewed as benevolent and assistance in fulfilling needs, consistent with religious recommendations. It is emphasized that a broker has the right to receive remuneration, reflecting the dignity of the Muslim transaction unless otherwise specified that the service is pro bono.

Article 656 in the definition of power of attorney contract says "power of attorney is a contract whereby one of the parties appoints the other party as his representative to do something The use of the word "order" creates the ambiguity as to whether the subject of power of attorney is exclusive to legal acts. Or that material actions can also be the subject of a power of attorney contract. In order to solve jurisprudence and legal sources, it is clear that according to the jurists, the purpose of shari'a is the criterion for identifying issues that can be represented, and in any matter where the purpose of shari'a has been attributed to the original person, it is not possible to represent them. There is a possibility of representation in any matter that is not intended by the Shariah to act as a real steward. Among the jurists, some of the jurists have specified the ability to act as an attorney only in legal matters and they do not accept the ability to act as an attorney in material matters and they believe that only legal matters It can be the subject of a power of attorney contract, while some people believe that there is no reason to exclude the subject of power of attorney in legal matters, and power of attorney in material matters is also correct, but carefully consider what is considered the subject of a power of attorney contract in the society. It was possible to come to the conclusion that the exclusivity of the power of attorney contract in legal actions is not justifiable and does not match the facts and customs in the society, so it can be considered that material actions can also be the subject of power of attorney contracts under certain conditions

The spirit of fulfilling obligations is an inseparable part of life today and one of the civil manifestations of legal science. This research has been done in order to explain the legal theories in the territory of one of the legal institutions, namely representation.

This is a descriptive-analytical article and has investigated the issue using the library method.

Ethical considerations:

 In this article, the authenticity of the texts, honesty and trustworthiness are observed.

The origin of the existence of legal representatives when it was felt that according to the philosophy of the establishment of this institution, performing any legal actions, including the granting of a proxy to perform the duties of the representative to improve the situation and manage the financial affairs against (the original), is correct and this creates The general rule of the legal representative is that he does not need a special license to recognize his actions as valid, and the legal actions created even after the development of the owner have legal influence against him, and the owner does not have the right to cancel or revoke

In the power of attorney granted by a legal representative for a client, separation should be done. In other words, in power of attorney and representation, all or part of the powers are assigned to the lawyer and representative.

In the power of attorney given by a legal representative for a client, it should be distinguished. In other words, in power of attorney and representation, all or part of the powers are delegated to the lawyer and representative.

Commercial documents, which are used as a means of payment in transactions and business affairs, have a formal character and it is very important to pay attention to their appearance. But sometimes it happens in the custom of transactions that these documents are incompletely submitted to the holder to complete it. In this study, we seek to investigate the possibility of completing a commercial document and its nature and effects in Iranian law and the 1930 and 1931 Geneva Conventions and the 1988 UNCITRAL Convention with a descriptive, analytical and comparative approach. The research findings show that documents that are issued incompletely, after completion, are subject to the rules governing commercial documents and the time of its issuance is when the holder "completes the contents of the document" and not the time of "signing and Surrender". The legal nature of this practice is that the agency has special effects on it. The signer of the incomplete document is liable to the holder of the document and cannot invoke the non-authorization of the complement in this regard. The completer is also liable to the next holder if he is one of the persons in charge of the commercial document, otherwise he is not liable to the holder just because he is a complement.

One of the important issues that is seriously raised in legal circles and courts is the correctness or incorrectness of obtaining the right of attorneys, in case of defending the unjust claim from the perspective of jurisprudence and law. What has been examined in the present paper is whether the power of attorney is legitimate in defending the false claim and the right of attorney arising from it? Imami jurists agree on its sanctity. With this explanation, in jurisprudence and law, it can be respected from several perspectives - both in terms of power of attorney and in terms of power of attorney. This research has dealt with this issue based on the analytical-descriptive method and after expressing the opinions and explaining the opinions of the jurists, it was concluded that accepting a power of attorney to defend a false claim and obtaining a power of attorney is forbidden; Because the obvious example is the possession of property in vain and the protection of sin. Therefore, it is appropriate for the legislator to impose a legal prohibition in this regard by enacting a single definite article, and the law should be approved in accordance with the issue.

In order to carry out its duties in the Constitution of the Islamic Republic of Iran in 1388, the Judiciary drafted a bill to protect children and adolescents which was finally approved and announced in Khordad, 1399 after a lot of struggles. The new law is more important than the law passed in 1381 in improving Iran\'s criminal policy. Defining the terms used and identifying hazardous situations for children and adolescents in the general law and determining the age of the Minor in accordance with international documents on the rights of the child, as well as determining the substantive criminal and formal protections in its chapters are the special highlights of the Child and Adolescent Protection Act. Iran’s criminal policy to prevent child and adolescent victimization is well outlined in this law, which we will examine in this article. The Law on the Protection of Children and Adolescents has been able to outline Iran\'s criminal policy in dealing with the victimization of children and adolescents.

The existence of professional ethics in a society and in different professions will lead to the development of that society at different levels. In the legal profession, the attention of the principles of professional ethics by lawyers, in addition to being an upgrading in the legal profession, maintains the people's trust and sense of security and confidence about lawyers. The role of lawyers as advocate lawyers requires that they behave honorably and skillfully. Observance of the principles of professional ethics such as confidentiality, observance of the client's interests, performing the case of advocacy, Adherence to the rules of advocacy, honesty and integrity, loyalty, observance of courtesy and fairness and courage in the profession of advocacy seems necessary for any lawyer in relation to his/her client. In the Iranian legal system, the commendable measures taken to formulate the principles of professional ethics of advocacy and the implementation of guarantees for non-compliance with these principles, but, in this regard, there is still a gap in the existence of a specific code. The method of the present study is descriptive-analytical using the documentary method.

joint stock companies are considered as one of the most important commercial companies in terms of law and economics. In this article, an attempt has been made to examine the legal status of managers in Private limited companies from a jurisprudential perspective and in the light of commercial law.

This is a descriptive-analytical article using the library method to examine the question in question. Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness have been observed.

From a jurisprudential point of view, the theory of advocacy can not explain the position of managers in Private limited companies in commercial law. Private limited companies have their own legal personality, during which the shareholders are constantly changing.

In Private limited companies, managers are considered as one of the pillars of the company and part of the body of the company. Being a pillar theory has two aspects; One is in the relationship between the company and third parties, which indicates full authority for managers, and the other is in the relationship between managers and the company, which managers must act within the framework of the granted authority. The theory of Being a pillar governance for the company, which is useful for full authority for managers, has been accepted in Iranian commercial law.

The check is the most widely used commercial paper. For this reason, various amendments to the law on issuing checks have been adopted. One of the important issues in the field of check issuance is the power of attorney for issuing checks and the responsibility of the lawyer in the light of the code of issuing checks and its jurisprudential principles, which is the purpose of this study. 

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. 

The findings of the present study show that with Relying on jurisprudential principles, the nature of a check is not merely a means of payment, but a debt acknowledgment. This special nature of the check creates different and special effects for the check. 

In the code of issuing checks, the responsibility of the lawyer is a principle. If we consider the nature of the check as a debt acknowledgment, the lawyer must be aware of the subject of the confession in order for the client to make a confession. In the process of issuing a check, the subject of the confession is knowing the amount of the client's account funds. For this reason, if the check is not paid, the principle is that the lawyer has confessed without knowledge and information, in which case he has committed a Fault.

Advocacy is one of the most important institutions that can play a constructive role in the process of justice, so advocacy is a job that is very important in the order or disorder of the legal and judicial system of any country. . The presence of a lawyer in judicial trials will greatly facilitate the discovery of the truth and prevent the abuse of citizens' rights. The necessity and importance of the right to defense has led the advanced legal and judicial systems of the world to view it as an important element of a fair and just trial. Therefore, the presence of a defense attorney at the trial stage is one of the most important and basic rights of the accused, and with these characteristics, representation in criminal matters has a special importance and position.

The research method in this article is descriptive-analytical. This means that the necessary information has been collected using various sources such as libraries, articles, websites, etc. and has been analyzed using principles, legal and logical rules.

The results of the study indicate that in the Iranian legal system, defendants can use a lawyer during the trial, advice and timely defense, to exercise their rights. The lawyer almost has functions such as influencing the legislative and judicial policy of each country. However, the authors have examined the issue of advocacy in the Iranian criminal proceedings, which is based on a one-tier system of advocacy, namely defense counsel.

"Judicial independence" is to establish and establish the rule of law and guarantee all civil rights and enjoy all fundamental freedoms, and an independent and efficient judiciary has an important role in establishing justice and guaranteeing the rights of individuals in society and allows the judge to stay away from any pressure. And without influence and fear of any position, even judicial authorities higher than himself, in accordance with the law and conscience and at his discretion to issue a verdict and make a decision. This principle protects the judiciary from attacks by the executive and legislative powers and prevents the interference of other powers. In international law, the application of this principle also plays an important role due to the increasing formation of international courts and arbitrations, and its most important function is to maintain the power of the court to make fair and lawful decisions. On the other hand, the "independence of the legal profession" is a big and very important thing that has made it a national issue. This is one of the manifestations of the credibility of the judicial system, which on the one hand is related to the status of the judicial system of the country and on the other hand to the observance of citizenship rights and preservation of inherent human dignity. In fact, the three main pillars of upholding the rule of law in democratic societies and guaranteeing human rights are judges, prosecutors and lawyers. Therefore, guaranteeing judicial independence in these three basic

According to Article 661 of the Civil Code, if the power of attorney is absolute, it will only be related to the management of the client's property.  A power of attorney that is for absolute possession and for a specific belonging is called absolute power of attorney, but a power of attorney that is for general possession and for absolute possession is called general power of attorney.  In this article, the jurisprudential roots of absolute and general advocacy are explained.  The books of jurists and reliable jurists will be used to clarify the matter.  At the same time, although we are facing a severe shortage of resources on the subject, it is hoped that the present work will become a new loophole for future authors and researchers.

Applying formal and material objectivy, derived from philosophical foundations of positivism, on human law, which are framed based on authenticity of feeling and the possibility of experimental observation on the one hand and on the differentiating the realms of objective truths and negating the possibility of rational knowledge of legislation and practical wisdom on the other hand,  has formed the frame of rights and duties released from all kinds of ideological value constraints and commitment to the closed circle of mankind's will and commands without being able to move out to its own supernatural. Preventing the inconsistency between the two abovementioned issues will reduce positivism, as a formalist theory based on the conventional-lingual analysis method, to a Kelsen-Hume(ic) expression and therefore it has consequently encountered to relativism and inaccuracy. Accordingly, the concept of justice in public law has been conceptually transformed to the characteristics of having no criteria, personalization and being separated from the positive law. Nevertheless, the existing fallacies through ordering the introduction and uncommittable results has caused failure of the mentioned school through law and legal justice.

The practice of public notary offices is that while writing document of contracts advocacy, a letter of confess is written regarding conclusion of an irrevocable and disclaimer of right to terminate advocacy. There will be no details of this contract for the third parties. It is a well established and common practice. However, when the cancellation of such clause is claimed, the first court while investigating the common custom, may establish the non conclusion of an irrevocable. At the end it may rule the invalidity of such caluse. This rulling may be confirmed by the appeal court. The courts consider such clause as one wich is not descriptive. For this reason they accept the cancellation of such clause. However this clause is of descriptive character. So the best way is to establish that such clause is not true. In this article, according to the decision of the court, the validity of this condition is discussed. It seams thatin accordance withthe principle offreedom of contract, the legal system should follow thereal intent of the parties to the contract.