رضا کریمی منفرد

What is examined in this provision is the correctness or incorrectness of the termination option in collateral contracts. Collateral contracts include guaranty contract, guarantee contract, remittance contract and mortgage contract. Only mortgage contract for the mortgagor and guaranty contract for the payee are permissible contracts, although according to the principles governing the necessary contracts, the option clause is allowed in these contracts. but apart from the remittance contract, the legislator is silent about the possibility of including the termination option in other collateral contracts, and this ambiguity still remains as to what is the ruling of the termination option in the contract of surety, guarantee and mortgage? Several theories have been expressed and it is necessary to determine the valid theory and, accordingly, the legal status of the mentioned contracts through the comparative examination of the proposed theories. The present research is trying to determine the correctness or invalidity of the termination option in collateral contracts by inferring from jurisprudential sources, and as the most important finding of the research, it can be said that the termination option in collateral contracts is correct, so it is suggested that the legislator examine the validity and validity of the termination option In collateral contracts, specify an article and end existing disputes.

Article 656 in the definition of power of attorney contract says "power of attorney is a contract whereby one of the parties appoints the other party as his representative to do something The use of the word "order" creates the ambiguity as to whether the subject of power of attorney is exclusive to legal acts. Or that material actions can also be the subject of a power of attorney contract. In order to solve jurisprudence and legal sources, it is clear that according to the jurists, the purpose of shari'a is the criterion for identifying issues that can be represented, and in any matter where the purpose of shari'a has been attributed to the original person, it is not possible to represent them. There is a possibility of representation in any matter that is not intended by the Shariah to act as a real steward. Among the jurists, some of the jurists have specified the ability to act as an attorney only in legal matters and they do not accept the ability to act as an attorney in material matters and they believe that only legal matters It can be the subject of a power of attorney contract, while some people believe that there is no reason to exclude the subject of power of attorney in legal matters, and power of attorney in material matters is also correct, but carefully consider what is considered the subject of a power of attorney contract in the society. It was possible to come to the conclusion that the exclusivity of the power of attorney contract in legal actions is not justifiable and does not match the facts and customs in the society, so it can be considered that material actions can also be the subject of power of attorney contracts under certain conditions