The limits of the powers of a lawyer from the point of view of jurisprudence and its comparison with English law

Document Type : Original Article

Authors

1 PhD Student in Private Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran.

2 Assistant Professor of Private Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran.

3 Assistant Professor of Private Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran

10.30510/psi.2021.268567.1454

Abstract

The present study examines the limits of the powers of a lawyer from a jurisprudential point of view and compares it with English law. The power of attorney is very important because it is one of the issues involved. The main question that has been raised and examined in this regard is what are the powers and obligations of a barrister from the point of view of English jurisprudence and law? The present study is a descriptive-analytical study using the library method to investigate the question. The results show that the limits of the powers of a lawyer in Iranian jurisprudence are very similar to the limits of the powers of a lawyer in English law. As in Iranian jurisprudence, the lawyer is required to observe the client's interest in the transaction above all else. In any transaction, the two parties work for their own benefit, and each wants to receive as much as possible and pay less. In English law, the lawyer must also consider the client's interests in the transaction. Also, in Iranian jurisprudence, like English law, he does not have the right to represent others. In addition, a lawyer in both jurisprudence and English law does not have the necessary authority to receive a fee.

Keywords

Political Sociology of Iran
Volume 5, Issue 5
August 2022
Pages 771-784

Files

Share

How to cite

Statistics