نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه فردوسی مشهد
2 دانشگاه شهید بهشتی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Substance and subject of agency is granting representation and by virtue of it, agent act as representative of his or her client. In fact, agent obtain his or her legal authority from client, so in simple agency, disposal of agent is possible any time and client can do subject of agency him or herself and preclude it by acting against agency. Principally, client, in simple agency, can recruit a new agent or dismiss him or her. So, first and second agenct can act dependently or independently and if it is stipulated on dependent dismissed and former agent, independent agency of first agent will change into dependent agency. But whether add an agent is possible or not and if it is true, when is it possible? Secondly, if it is possible, with add an agent and non-stipulation of dependent or independent agency, does the first agent who act independently will act dependently or not? To answer it, we must separate among kinds of agency (simple, irrevocable and in authorization of sale contract) and it is argued that that as a rule, whenever the agency create a right for agent or the agent are beneficial in non-termination of agency condition, , or agency was clause within contract (condition as an integral part of contract ) in which subsequent dismiss of agent causes contractual imbalance in loss of person who was made condition for him dismissal or limitation of his or her powers by changing independent agency into dependent one is impossible.
کلیدواژهها [English]
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