مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL


The agency is considered as one of the legal systems contained in the English common law, which is based on the customary rules and judicial precedents of the English courts. And depended, to a limited extent, on the legislations enacted later. This means that it is one of the legal systems which is characterized by its customary and judicial origins. It is worth-mentioning that the nature of the agency in the English law differs according to whether the agent enjoys the required contractual capacity or not. If he or she does so, it can be regarded as an agreement concluded between principal and agent. But if he or she does not enjoy the required capacity, it can be considered as a relationship between them, which does not amount to the contract. Either because of the lack of the agent to the required contractual capacity, or owing to the lack of the consideration. It should also be noted that the English common law contains four types of agencies: agency by agreement, agency without agreement, agency of necessity and presumed agency. Whereas both the Iraqi Civil Law No. (40) of 1951, and the Federal civil transactions law No. (5) of 1985 of the United Arab Emirates, regulated the agency and considered it as a contract by which the principal appoints another person to replace and deputize him or her in a valid transaction. It is one of the nominate contracts which includes only the representation in legal rather than material acts.



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