نوع مقاله : مقاله پژوهشی
نویسندگان
1 هیات علمی
2 دانشجوی دکتری حقوق خصوصی، گروه حقوق خصوصی و اسلامی، دانشکده .حقوق و علوم سیاسی، دانشگاه تهران، تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
One of the main obligations of the agents is to avoid being in a situation of conflict of interests; In the sense that the agent's actions must be in line with protection of principal's interests. On this basis, a general rule under as to the prohibition of conflict of interest in agency has been identified in comparative law, which will affect the validity of the legal acts of an agent. Violation of this rule can lead to the voidability of the contract (or institutions similar to it in national laws) and the civil liability of the agent or a third party lacking good faith. This research, inspired by comparative teachings, has sought to discuss the possibility of identifying the general such general rule, as well as the effects and guarantee of its implementation in Iranian law, and this result has been obtained that it is possible to establish a general rule prohibiting the situation of conflict of agent’s interest with the principal based on the traditional rules of agency in civil law and Islamic law, which will result in the voidability of the legal act concluded by the agent with a conflict of interest. However,
کلیدواژهها [English]
