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A Comparative Study of Agency and Delegation in the Official Registration System and Its Impact on the Validity of Documents in Iran’s Banking System
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Siavash Madaddi1   , Zahra Tajari moazeni *2 , Aliakbar Esmaeili1 |
1- Department of law, Go.c, Islamic azad university, Gorgan, Iran
2- Department of law, Go.c, Islamic azad university, Gorgan, Iran , Zahra.TajariMoazeni@iau.ac.ir |
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Abstract: (29 Views) |
In Iran’s legal system, powers of attorney executed in notarial offices—as official deeds—are granted special legal validity. Under this framework, the attorney’s actions, within the scope of authorized powers, are deemed equivalent to those of the principal themselves. The main challenge arises when the original attorney delegates their powers to a substitute attorney (known as substitution of agency or proxy delegation). This study aims to conduct a comparative analysis of the concept of agency (wakālat) and its delegation within Iran’s official registration framework, as well as to examine its practical impact on the credibility of documents recognized by the banking system. According to Iranian law, the validity of such delegation depends on explicit authorization within the primary power of attorney and adherence to the principles governing representation. By comparing Iran’s approach with that of the common law system in England, the article demonstrates how differences in the nature of formal registration—and the necessity or dispensability of such registration in establishing legal representation—affect banks’ risk assessment when accepting documents whose validity relies on a chain of representative relationships. The findings indicate that although Iran’s registration system enhances document security and authenticity, ambiguities surrounding the delegation of agency may create credibility gaps in complex banking transactions. Addressing these ambiguities requires either the development of more coherent judicial precedents or the adoption of targeted legislative reforms.
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Article number: 24 |
| Keywords: agency, delegation of agency, official deed, registration system, validity of banking documents, substitute representation. |
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Full-Text [PDF 329 kb]
(14 Downloads)
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Article type: Research |
Subject:
General
Received: 2025/12/5 | Accepted: 2026/02/9 | Published: 2026/08/1
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