Scope of Representation in the Legal Systems of Islam, Iran, and England

Within the scope of representation, in terms of the subject, there are three conditions discussed: 1- ability for representation; 2- genuine ability to perform the subject of representation, 3- the subject of representation should be known. Concerning the first condition, three doctrines have been posed by Iranian legalists and jurists; and, in the present article, the general principle of ability for representation in all subjects- unless subjects excepted by the legislator- has been accepted. Because of evidence of the issue for their legalists, it has not been so discussed in the English law. As for the second condition, it should be said that, because of the basis of representation in all above three legal systems, there is a single view according to which he who does not possesses of a thing cannot grant it. Concerning the third condition, in all three legal systems, a brief knowledge of the subject of representation is sufficient; and since trust should be cared, and because of the genuine interest as well as good will of the representative in transactions, possibility of losses has been rejected.