Analysis of the stupid attorney in financial affairs with an emphasis on Article 667 of the Civil Code of Iran

Articles in Press

Document Type : Original Article

Authors

• mohammad aminfard ¹
• mandana mirzaei ²

¹ Associate Professor, Fiqh and Islamic Law Department, Tabriz University

² PhD student of Fiqh and Fundamentals of Islamic Law, Tabriz University

10.22067/jfiqh.2023.78177.1422

Abstract

In Imamiyyah jurisprudence and Iranian law, safiya is a person who is forbidden to be possessed in financial affairs or with financial aspects. Because he is not able to recognize his interests, which is also due to his inherent weakness in this field. Based on this point of view, Safia is prohibited from appointing a lawyer in financial affairs and financial matters; Because a fool cannot choose a lawyer in that which he cannot possess. This is despite the fact that he has been accepted as a lawyer for others in financial affairs. The above view is not without problems; Because while acting as a lawyer, on the other hand, Sufiya lacks the ability to discern expediency in financial affairs, on the other hand, considering that "observing the best interest of the client" is mandatory according to Article 667 of the Civil Code, therefore, his representation is not without problems. In the present research, with the descriptive-analytical and library method, it has been tried to explain the basis of authenticity or inauthenticity of this type of representation. It seems that considering that the criterion of not being allowed to appoint a lawyer by Safiyeh is also present in his representation, and that is his inherent weakness in identifying interests and attracting interests, therefore, his representation by others will not be worth it.

Keywords

• : idiot
• power of attorney
• expediency
• Article 667 of the Civil Code
• financial seizures

Main Subjects

• Civil jurisprudence

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