"Consideration" or "performance" of the client's expediency by the lawyer in Iranian and British law

Document Type : Original Article

Authors

1 Department of Law, University of Isfahan

2 Assistant Professor of Isfahan University Law Department

3 p.h.d student of private law at Isfahan University

10.52547/jlr.2023.229882.2398

Abstract

In the power of attorney contract, the client, because of the trust he places in the lawyer, entrusts him to do something or things and hopes to do that matter in the best possible way. Due to the existence of such assurance, the lawyer must act in the direction of the interests of the client and look at it as a binding rule. Therefore, in the current research, the main question is whether what should be taken into account for the benefit of the client is consideration of expediency or performance with it? And what is the difference between Iranian law and British law in this respect? After examining jurisprudential and legal sources, the authors came to the conclusion that in Iranian law, according to jurisprudence, according to the lawyer's legal duty (Article 667 of the Civil Code), it is about performancing the expediency of the client and not considering it. Also, the guarantee of non-performance of expediency is not more than one ruling, and there is no need to state the triple assumptions that exist in legal books, and since adherence to expediency is an obligation, between performance and non- performance, there is no conceivable third aspect, and the word "have to" in Article 667 of the Civil Code refers to this important point, but in English law, it is sufficient for the lawyer to consider the client's interest.

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Legal Research Quarterly
Volume 25, attorney standards
March 2023
Pages 119-152

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History

  • Receive Date: 12 May 2022
  • Revise Date: 01 July 2022
  • Accept Date: 07 July 2022

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