Investigating the Feasibility of Representatives’ Confessions Delegation Meanwhile Observing Citizenship Rights in Imamiyyeh Jurisprudence, Iran’s Laws and Common Law
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 8 No. 1 (1397),
2 November 2018
,
Page 245-259
https://doi.org/10.22037/bioeth.v8i1.32675
Abstract
Background and Aim: Every citizen has a series of rights and duties in every legal system that should not be ignored and many of the countries have accordingly taken measures in line with the preparation of the citizenship rights charter. There are certain effects following the delegation of full authority for confession to a representative and these outcomes may cause the negligence of the original rights granted in a community of citizens and result in the wastage of their rights and this entails the more careful scrutiny and investigation of the legal affairs when granting these rights. The highest priority should be given to the observance of the citizens’ rights. The present article aims at comparing Imamiyyeh jurisprudence and statutory provision and common law regarding the delegation of authority to representatives.
Materials and Methods: The present study has been conducted based on a documentary method through taking notes.
Ethical Considerations: Trustworthiness and honesty are the principles observed from the beginning to the end of this article.
Findings: The findings indicated that jurisprudence and statutory provisions have a common stance in respect to the representatives’ confession to wit they have accepted the delegation of the representatives’ confession. In common law, as well, the delegation of the representatives’ confession may take effect under certain conditions.
Conclusion: Article 1259 of the civil law points in regard of the confession to such a property as "self-loss". Using scrutiny in the meaning "the necessity of confession’s being against the confessor in regard of such a topic as feasibility of delegating confession to a lawyer", it can be stated that a lawyer or a representative confesses on behalf of a principal and ward and it is in fact the lawyer who confesses and the confession is against him or her and influential. Resultantly, the citizenship rights are in this regard jeopardized. Thus, concerning the representatives’ confession and since Iran’s laws are drawn on Imamiyyeh jurisprudence, a somewhat identical position has been taken and this right has been accepted. In common law system, as well, it has been stated in this regard that such a confession may be considered authentic.
Please cite this article as: Narimani Fam Shabilooy Oliya P, Eyvazi H, Sokuti Nasimi R. Investigating the Feasibility of Representatives’ Confessions Delegation Meanwhile Observing Citizenship Rights in Imamiyyeh Jurisprudence, Iran’s Laws and Common Law. Bioethics Journal, Special Issue on Citizenship Rights, Autumn 2018; 245-259.
- Representatives’ Confession; Citizenship Rights; Delegation of Confession; Imamiyyeh Jurisprudence; Iran’s Laws; Common Law System
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