الوكالة بالخصومة : دراسة مقارنة

Other Title(s)

Attorney of rivalry : a comparative study

Dissertant

الفليح، إبراهيم موسى إبراهيم

Thesis advisor

الحنيطي، مأمون أحمد راشد

University

Middle East University

Faculty

Faculty of Law

Department

Department of Private Law

University Country

Jordan

Degree

Master

Degree Date

2019

English Abstract

The attorney of rivalry is one of the contracts for which the legislator made special provisions because of its nature.

It is a consensual contract; and a mandate from one person to another to do legal work.

It requires a set of conditions that characterize contracts of satisfaction, place, reason and commitment on both sides.

But it differs from the prosecution because it is approved by the contract, while the attorney is approved by the law or the judiciary.

It is a non-binding contract concerned with legal action, and it enjoys a number of conditions that have been established by Jordanian law.

It is a consensual contract based on personal consideration for both parties and binding them.

However, the Fight differed on the legal nature: some of them dropped the contractual status, some proved them, some counted it from the contracts of entrepreneurship and labor contracts and some considered it an indefinite contract, but the attorney of rivalry is a contract of a special kind.

The authorization is different from the attorney; and authorizes the prosecutor to carry out a work that will have an effect on the origin; while the attorney has mutual obligations and is the duty to carry out legal work with the consent of the origin.

Despite the similarity between them, the attorney may be a contractual agreement and the attorney has no right to appoint another unless he is authorized or will be responsible.

But if he is authorized without specifying the person remains responsible for his choice of person and the guidance and advice he gives him.

The attorney of rivalry nature makes it an exceptional case to allow a person to be employed by the client; and there is no prohibition on this work unless it is authorized and clear.

The law forbids the contracting of the attorney with himself as an attorney of the parties to the contract.

The law defines the relationship between the principal and the client and the third party.

Despite the attorney of rivalry is such as other contracts, but its nature gave it other reasons, such as isolating the attorney of rivalry and the withdrawal of the attorney of rivalry after informing his client.

In addition, there is a personal consideration in this contract, the death of any party or the disqualification of the attorney ends the attorney of rivalry by resolving the rivalry by ruling adjudication.

The most important result reached by the researcher in the attorney of rivalry is agreement of a special kind with a difference between it and the general rules of the attorney contract; and this difference is dictated by the nature of the attorney of rivalry.

While the most important recommendation is to expand the concept of the attorney of rivalry in the curricula of academic studies where academics are subject to practical training so that they can learn about the practical dilemmas that arise in the area of the attorney’s rivalry.

Main Subjects

Law

Topics

• Law
• Agency(Law)
• Antagonism

No. of Pages

85

Table of Contents

• APA
• MLA
• AMA

Language

Arabic

Data Type

Arab Theses

Record ID

BIM-915267