A Jurisprudential Analysis of Executability of Irrevocable Power of Attorney and Its Compatibility with Imam Khomeini's Viewpoints

The Iranian Civil Code, in accordance with the viewpoint of most of Shia jurisprudents, consider the condition of lack of dismissal of advocate during the contract binding for the client. However, there are also some viewpoints which oppose this approach that mainly rely on the fact that power of attorney is permission-based. The present paper is an attempt to study the executability of lack of dismissal of advocate. Attempts are made to prove that the contract of power of attorney is permission-based, therefore, the general rule, applying to the contacts in which conclusion of the contract negatively or positively depends on the permission, is also applied to the contract of power of attorney. Hence, the client by dismissing his/her advocate abrogates the permission given to the advocate to act on his/her behalf. Consequently, despite the violation of the client of the condition of lack of dismissal, the advocate is stripped of advocacy. Hence, despite the prohibition of the said violation, one should find other jurisprudential guarantees for the execution of this conditions such as reparation of damages or abrogation of the original contract.