القاعدة و الاستثناء في تنفيذ الوكالة : دراسة قانونية مقارنة بالفقه الإسلامي

الملخص EN

The Agency is one of the most recognized contracts in the life of the community.

It is one of the common contracts that are intertwined with other contracts such as selling, renting, labor, etc.

The importance of research is highlighted by focusing on the most important obligation in the Agency contract, which depends on the existence of the Agency, namely the commitment of the agent to implement the Agency, and this commitment has been around a lot of jurisprudence and legal research either through research to explain the limits of implementation and interpretation of the words of the principal, or through life problems faced by the agent during the intention to implement the Agency.

The agent frequently in his working life encounter unconsidered things such as economic and social fluctuations.

Is it necessary to adhere to the Agency's basic rule of compliance with the limits set by the Agency, or is there another basis that can be adhered to and excluded from that rule without prejudice to the Agency's text ? Hence, the research attempts to answer these questions and solve the problems as much as possible.

The research came out with a set of conclusions and recommendations, the most important of which is the need to take into consideration the interests of the principal as in the case of Jordanian and Moroccan legislation, but on condition that it is not proved that it violated the will of the principal.

The study recommends the need to amend article (933) of the Iraqi Civil Code, which was a copy of the Egyptian civil code in article 703, by presenting the paragraph (conditions) on the clause (notice to the principal) in accordance with reality and logic