The irrevocable agency

- A comparative study -

Abstract

The practical needs of the person necessitated the assignment of another person to carry out a legal work that belongs to him, due to the existence of an impediment that hinders him from undertaking this work himself, such as the state of illness or his distance from the place where he intends to conclude the contract or because of his lack of experience in a certain field. Thus, the importance of the agency has emerged;  In view of the great role it plays in overcoming the obstacles that hinder the completion of the conclusion of contracts;  Due to the inability to attend Al-Aseel for any reason.

 So the person delegates someone else to replace himself, and he is obliged to accept the behavior of the agent without his complete consent, and therefore most of the legislations have decided on the right of the principal to dismiss his agent, but this right is not an absolute right owned by the principal and uses it whenever he wants, rather it is restricted by not  The right of agency is related to third parties, but some laws have gone to withdraw this principle from the agent and obligate him to remain on his agency if it is also related to the right of others, and in the event that this matter is achieved (the agency is attached to the right of others) the principal cannot dismiss his agent, and the agent’s right is restricted to dismissing him for himself in order to preserve  on the interests of others.  If the non-separable agency means depriving the principal of his right to dismiss the agent, it was expected and in this case that he would find jurisprudence on his part to present a general concept of the term non-separable agency. As for the Iraqi law and comparative laws, we found that this type of agency has  There was a lot of ambiguity, as we found only some legal texts related to this agency, in addition to some of its judicial applications, if we know that the Iraqi legislator has adopted Islamic jurisprudence in a large proportion of its legislation, outweighing its counterparts from the comparative Arab legislation