اثر حقوقي شرط عدم عزل وكيل ضمن عقد وكالت

LEGAL EFFECT OF THE CLAUSE OF NON-DISMISSAL OF ATTORNEY IN ATTORNEYSHIP CONTRACTS

The attorneyship contract is one of the revocable contracts which can become irrevocable by adding the phrase, "by an irrevocable contract" or "non-dismissal of attorney by an irrevocable contract", whereby the principal will be divested of the right of dismissal of the attorney. As a result, such a contract will be turned into an irrevocable contract in the form of a separate contract. The same issue has been stipulated under Article 679 of the Civil Code of Iran. The question is whether or not the non-dismissal of attorney can be included in the attorneyship contract? If such inclusion is possible, then how does such inclusion of non-dismissal of attorney clause affect the principalʹs right of dismissal? If such a clause is included, can the principal dismiss his/her attorney at any time they so desire, or does the inclusion of such a clause in an attorneyship contract would divest them from such a right and authority exactly like when the non-dismissal clause is stated in an irrevocable contract? We shall investigate the issue in this article, and will reach the conclusion that the inclusion of the non-dismissal of attorney clause by an irrevocable contract and by a revocable contract shall have the same effect.