Description of Article 400 of the Business Law from the Viewpoint of Islamic Jurisprudence

Business successor is one of the examples of business agency defined under Article 395 of the Business Law, introducing the nature of succession as delegacy and attorney. Attorney is a legal contract with features such as dissolution in case of death of either party (Article 678 of the Civil Code).On the other hand, Article 400 of the Business Law does not depose the successor in case of death or incapacitation of the business CEO. However, when the successor is an attorney of the CEO, Article 400 of the Business Law will be in contrast with Article 678 of the Civil Code. The present paper studies the attorney nature of succession and the attitudes offered to justify the above contradiction. In conclusion, a jurisprudential solution is provided for the issue.