Mandate pending to growth of mandatary
Subject Areas :
Latif Ebadpour
1
(مربی گروه حقوق دانشکده علوم دانشگاه آزاد اسلامی اردبیل)
Seyyed mohammadsadegh Moosavi
2
(Department of Jurisprudence and Islamic Law/Faculty of Humanities/ Motahhari University)
Keywords: growth, Permission, Mandatory, Minor, Pending mandate,
Abstract :
Obstacles to regulating deeds of contracts prompts the transfer have led to widespread regulation of various mandate in notary offices. One of the types of mandates that has emerged in recent years from the common documents at notary public office is mandate pending growth of mandatary. The purpose of this article is to express the legal status of this type of mandates which has been considered void by descriptive-analytical method and by gathering information through library method and by citing jurisprudential and legal sources in all its three types (suspension of Creation and Effect and execution).The survival of the offer until growth of the mandatory also deals in principle with the requirements of the consecutive offer and acceptance and encounter capacity. At the same time, the result of the discussion is this that in spite of the void of mandate and the impossibility of survive the offer for a long time, the minor, after reaching the age of majority, can execute mandate by public permission if the client does not refer to his or her own permission.
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