The Condition of Non-Resigning from Attorney Power during the Necessary Contract

In this study, all articles published up to the winter 2020 in Persian on the non-resignation condition were reviewed from representation during the required contract. These articles are searched through databases, Medical Law Quarterly, Iranian Journal of Surgery, sid.ir, Legal Quarterly and Civilica Publications, Private Law Research Quarterly, using keywords such as immovable attorney power, attorney power, lawyer dismissal, deprivation right and the advocacy effects are obtained. Also, the condition of non-dismissing a lawyer can be criticized in terms of opposition to the book and tradition; in such a way that the application of special attorney arguments regarding client's referral includes the conditional and unconditional case, and in case of doubt, the principle is to obtain the client's referral permission from the attorney. The attorney power is also a special meaning that the parties cannot agree to otherwise by condition; hence, the condition of non-dismissal is against the ones which are mentioned in book and tradition. The attorney power contract is based on granting representation and for this reason it is regarded as one of the authorization contracts. They do not have it or in some ways, it is not possible to perform it by the people themselves. The diverse opinions have been expressed among jurists regarding the lawyer dismissal. The jurists believe that the parties cannot agree to make the essential contract permissible and it’s necessary. However, in the law of the present case.

Keywords:

Unpaid attorney power , attorney power , lawyer dismissing right , rights deprivation , effects of attorney power