بروزرسانی در تاریخ 99.10.11
وکیل خانواده باید ضمن آگاهی از موارد فوق الذکر بر رویه قضایی مسلط باشد .
با آینده نگری اقدامات لازم را انجام و ادله اثبات دعوی را بطور کامل جمع آوری نماید.
تا عواقب ناشی از اختلاف عقیده و سلیقه مراجع قضایی گریبان گیر وی نگردد.
راجع به مورد وکالت می توان موارد ذیل را بطور خلاصه اشاره کرد:
۱- مورد وکالت نباید از مواردی باشد که قانون مباشرت شخص اصیل را ضروری بداند مثل وکالت در سوگند.
۲- وکالت باید معلوم باشد اگر وکالت بصورت مطلق باشد به امور اداری و تصرفات مادی محدود می شود.
۳- موضوع وکالت می تواند امور مادی یا حقوقی باشد مثلاً وکالت در عقد نکاح یک امر حقوقی است
ولی وکالت در اخذ ثمن یا وکالت در پرداخت مالیات یا قبض مبیع یک امر مادی و تصرف مادی محسوب می شود .
وکالت در همه امور ممکن است مگر اینکه مباشرت اصیل قانوناً لازم و ضروری باشد .
اینکه وکیل مجاز باشد انجام امری را که در آن وکالت به دیگری واگذارد نیاز به تصریح دارد و
در غیر این صورت شخصی ثالث در مقابل مؤکل مسئول خسارات خواهد بود.
وکیل ممکن است یک نفر باشد یا بیشتر و در صورت تعدد ممکن است به طور اجتماع باشد (اینکه همه با هم وکالت کنند)
یا اینکه به طور مستقل باشد (هر کدام انجام دهد کافی است).
وکالت ممکن است مجانی باشد یا با اجرت و اگر مجانی بودن قید نشده محمول بر با اجرت خواهد بود.
وکالت عقدی است جائز و طرفین میتوانند هر گاه خواستند آن را بر هم بزنند مگر این که وکالت وکیل یا عدم عزل او،
در ضمن عقد لازمی شرط شده است.
۱)اگر از اقدامات یا سهلانگاری وکیل خسارتی به موکل وارد آید او مسئول خواهد بود.
۲)رعایت مصلحت موکل در اقدامات و فعالیتهای خویش.
۳)استرداد اموال تحویلی، چرا که وکیل امین است و آنچه را که در اثر وکالت به دست میآورد باید به موکل تحویل دهد.
۴)تسلیم صورتحساب وکالت.
۱) التزام عملی به تعهدات وکیل در قبال افراد ثالث؛ زیرا وکیل از طرف او انجام وظیفه نموده است.
۲) پرداخت هزینه وکالت مثل کرایه و عوارض و مالیات که وکیل پراخته است.
۳) پرداخت اجرت وکیل که طبق قرارداد یا عرف یا اجرة المثل پرداخت میشود.
«وکالت به طرق ذیل مرتفع میشود:
۱) عزل موکل که وکیل را از وکالت عزل کند. ۲) موت یا جنون وکیل یا موکل. ۳) موت یاجنون وکیل یا موکل» (مفاد ماده ۶۷۸ قانون مدنی)
علاوه بر این موارد، سفه وکیل و موکل و پایان یافتن موضوع وکالت را باید از موارد انقضای وکالت دانست.
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