Effect of Unconsciousness on Attorney Contract in Jurisprudence and Law of Iran

In imamate jurisprudence، unconsciousness of attorney or client is one of the dissolution factors of attorney contract. Most of the jurists with certainty and some with caution have considered such contract invalid، while our civil law has not include it in cases of invalidity. Silence of law has caused this point of view that unconsciousness should not be considered as a means of attorney contract dissolution. In a lot of juristic books the main reason of such view has been noted to be the consensus of jurists and the invalidity of contract due to unconsciousness is common among jurists، but a question remains unanswered that why our civil Act is silent toward this subject. Reviewing the viewpoint of jurists and silence of Act is a key element to compare the ideas and benefit from the results. The current article has investigated the issue from the jurisprudence and also domestic laws point of view due to jurists comment on this subject.