الوكالة غير القابلة للعزل | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 12, Issue 2, August 2021, Pages 420-456 PDF (1.27 M) | ||
| Authors | ||
| الدكتور محمد صادقي; حوراء هادي خضير; نصيف علي عبد الرضا | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| One of the forms of the agency's necessity is that the right of the agent is attached to it, or the right of others, which is the agency that is not removable in nature, as it produces its effect by not dismissing, whether it is agreed upon or not. Thus, the agency is transformed in this case from a permissible contract to a necessary contract, and therefore it is not permissible to dismiss the principal for his agent if the agency is in session in the interest of the latter, except with his consent, and as in the case, for the agent to have a debt owed to the principal, and he authorizes him to sell a certain notable of his money, in order to recover his debt from its price. It is not possible for the principal in this case to dismiss his agent due to suspending the right of the agent in the power of attorney, and the matter is equal in the case of the agency convening for the benefit of others. An example of this is the case where the debtor gives a power of attorney to a person to sell the mortgage to pay off the debt when the specified time comes to him, so the debtor (principal) does not have the right to dismiss his agent without the creditor’s consent, so that his right is attached to it..Where it is also called a trust contract because of the trust that this must be provided in the contract where it is mutual between the two parties and to protect the client from the unfairness of his agent or that he does not adhere to what he is supposed to be of trust, loyalty and safety, as the principal was granted in that right to dismiss the agent at any time until Not expressing the reason for this dismissal and permitting the agent to withdraw from the agency also and for the affected person to return from them to the other with compensation if he has a requirement, but the development of social, economic and legal life dictated the creation of an agency in which the principal may not dismiss the agent or restrict his agency to suspend the right of that agent or others to this agency except With the approval of the one who has the right to the agency, after that the agency was always decided in the interest of the principal, and this justifies his right to dismiss his agent at any time, it was decided for the benefit of others or the agent and the. | ||
| Keywords | ||
| Agency; dismissal; agent; contract; interview | ||
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