Attorney at law
What is an attorney-at-law?
The power of attorney is a notarized and official document that is given to the lawyer by the client through the notarial office, which does not contradict the concept of Article 10 of the Civil Law, and has wide and complete powers up to the execution of the power of attorney and its dismissal by the client. It was not allowed, but the legislator says that if there are supposed to be reasons and proofs indicating the rejection of the power of attorney, the power of attorney should be revoked after proving the right to vote.
Types of legal representation:
There are two types of power of attorney, one is power of attorney in specific and designated matters and the other is comprehensive power of attorney. In primary power of attorney, which means doing work or a specific matter, the limits and gaps of authority are precisely determined. However, in the comprehensive power of attorney type, the lawyer can take action in all matters of his client’s life, and in this type of power of attorney, as long as the client is alive. The power of attorney remains valid and in case of death, the power of attorney will not be valid.
Legal representation in divorce:
The power of attorney in divorce is usually given by one of the spouses to the other through notary offices, which are related to divorce, reversion, divorce, divorce, custody of children, dowry, alimony, alimony, and any other type of case. The parties can proceed to divorce through the courts without the presence of the other party, and such power of attorneys are enforceable in all stages.
Legal representation in the sale of property:
If a power of attorney is given to someone without permission and the lawyer takes action on the sale of real estate and real estate of his client and leaves the funds received from the transaction in the text of the power of attorney. In this regard, if the intention is to pay the price of the transaction through sale, the explicitness of Article 338 of the Civil Code, which says that the possession of the object must be known in exchange, the client can claim his right.
Power of attorney after death:
According to Article 679 of the Civil Code, the client can dismiss the lawyer whenever he wants, unless the lawyer’s representation or non-dismissal is stipulated in the contract, upon the death of any of the parties in the undismissed representation, its existence is terminated. Because, firstly, paragraph 3 of Article 678 absolutely considers the death or insanity of the lawyer or client as the reason for the expiration of the power of attorney. Obviously, the fact that the power of attorney is ineligible and the removal of the right to dismiss or resign does not change its nature and will not make it a necessary contract. Only the client has lost the right to dismiss the lawyer within a limited or unlimited period or the right to resign the lawyer has been denied. Thirdly, the essence of power of attorney exists at the stage of the contract, it is needed in the rest of it, and with the death of one of the parties in our legal system, it cannot be accepted that the power of attorney will still remain. Rather, the effect of the death of each of the two parties will result in the dissolution of the power of attorney contract.
Legal representation in child custody:
Although the power of attorney regarding the children is given by one of the spouses to the other. However, according to Article 10 of the Civil Code, if private contracts are not contrary to the law, they are valid, which means that the legislator says that a girl reaches religious maturity by 9 lunar years and can have the right to choose with one of her parents, and the boy (male children) has the same privileges at the age 15 lunar years will arrive, and it is here that if there is a conflict between the power of attorney and the right to choose, the court will be the authority to investigate.
Tanveer group
This post is written by erfanifar48