Volume 5, Issue 4 (2001)                   CLR 2001, 5(4): 79-104 | Back to browse issues page

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Safai S H, Issaei Tafreshi M, Qanavati J. Agency Analysis, Resultiny from Ratification in English, Iranian and Islamic Law. CLR. 2001; 5 (4) :79-104
URL: http://clr.modares.ac.ir/article-20-7915-en.html
1- Professor. Dept of Law, Tehran University
2- Assistant Professor, Dept of Law, Tarbiat Modarres University
3- Ph.D student of Law, Tarbiat Modarres University
Abstract:   (5984 Views)
Seyyed Hossein Safai Professor, Dept of Law, Tehran University Mohammad Issaei Tafreshi Assistant Professor, Department of Law, Tarbiat Modares University Jalil Ganavati Ph.D. Student, Department of Law, Tarbiat Modares University In English Law, where an act is done purportedly in the name or on behalf of another by a person who had no authority so to do that act, the person in whose name or on whose behalf the act is done may, by ratifying the act, make it as valid and effectual as if it had been originally done by his authority, whether the person doing the act was an agent exceeding his authority, or was a person having no authority to act for him at all-the English jurists name it as agency resulting from ratification. This idea has not been accepted in Iranian and Islamic law. All Islamic jurists other than some Hanafi scholars, and all Iranian jurists other than one or two of them do not believe in "representation resulting from ratification". Islamic jurisprudence and Iranian law believed that ratification of a legal act, like an unauthorized sale (Bai-e-fozooli), only validates and ratifies the legal act and does not confer the "representative position" to person who has no authority so to do that act. This article considers and analyses English law and compares between this legal system and Islamic and Iranian legal systems. As a result, the article criticises the theory of "agency resulting from ratification" and accepts and approves the "ratification of legal act" which does not confer the position of representative to an unauthorized person who has no authority to do the act.
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Received: 2012/04/30 | Accepted: 2012/04/30 | Published: 2012/04/30

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