Studying the Responsibility and Authority Limitations of Agent in Islamic Jurisprudence

Abstract

This research has surveyed limitation of authority of agent and expression of its unknown and ambiguous aspects and answers questions hereof, with the purpose of reviewing power and responsibility limitations of agent by the method of qualitative analysis. Findings are: Responsibility of agent after the death of client, fault of agent and client's damages, limits in which agent in possessions and acts should observe client's interests, excess of granted authorities to the agent, contract of agency, responsibility in agent after death of client and generally agent's authorities. In Shiite jurisprudent opinion agent is considered depositary in the extents of agency contract and has no more responsibility and in the case of excess of the extents of agency, agent is responsible and Civil law also acknowledges this opinion. The extent of agent's authorities also include all authorities about legal procedures unless those which are excepted by client. These authorities include obligations which parties agree in advocacy contract.

DOI: 10.5901/mjss.2014.v5n9p583