آثار حقوقي وكالت بدون حق توكيل وكيل

The legal effects of agentʹs delegation without the right of Subscription

In the cases in which an agent has not the right of Subscription, the questions as choosing another person as an agent for execution of the subject of the contract as delegation, the legal effects and the consequences of this act may be considerable. It seems that, if the subject of the agency concludes of a transaction with special person, such transaction is valid only on the base of this requirement. Therefore in the cases that the contract exceeds special limitations, it will be invalid unless it has been expressly or impliedly agreed. Otherwise, if the price or the subject has general importance in the contract, the agent or the selected persons must execute the entire obligations. However, while the subject of the agency is under performance, in the cases of any damages, the selector and the selected person, both, are responsible to compensate.