Surviving Transferable Power Of Attorney After The Death And Incompetency Of The Client

Document Type : Original Article

Authors

1 PhD student in Private Law, Faculty of Law and Political Science, Islamic Azad University, Tabriz, Iran (Corresponding Author)

2 Professor of Jurisprudence and Islamic Law, University of Tabriz, Tabriz, Iran.

3 Associate Professor, Department of Private Law, Faculty of Law and Political Science, Islamic Azad University, Tabriz, Iran.

Abstract

One of the practical issues of advocacy is transitional advocacy after the death and incompetency of the client. The client grants the power of attorney to the lawyer in the real estate and notary office along with another necessary contract, so that the lawyer can complete the power of attorney with life and death and even the insanity of the client, which often transfers the subject of the necessary contract to his name. A lawyer or a third party. This article has examined the concept, foundations and practical and practical effects of this legal institution based on Islamic law and with a descriptive and analytical method.
Our question is "What is the legal status of transitional agency after the death and death of the client in Islamic law?". The necessity of researching this issue is that so far no one has done the mentioned research; That is, the research does not have a specific scientific background, while the explanation of the survival or non-survival of the transitional power of attorney after the death of the client is a practical discussion.
According to the opinion of the referred jurists, transferable power of attorney after the death of the client remains in the laws of Imamia and other Islamic schools, but the laws of Iran are silent in this regard and according to Article 167 of the Constitution and Article 3 The law of civil procedure should consider the jurisprudential answer of the problem as the legal position of the issue.

Keywords

Journal of Studies in Islamic Law & Jurisprudence
Volume 18, Issue 42
In progress
March 2026

Files

Share

How to cite

Statistics