A Comparative Study on the Irrevocability of Agency as a Result Condition in the Legal Systems of Afghanistan and Iran

Abstract

The contract of agency (ʿaqd al-wakālah) is a revocable and permissive contract that may be terminated at any time. In today’s complex legal relations, the revocability of agency has raised concerns for the parties due to the lack of stability in this legal relationship. To overcome such uncertainty and establish a durable and irrevocable arrangement, some parties stipulate a clause of non-dismissal of the agent within the principal contract. This raises a key question: if the non-dismissal of the agent is stipulated as a result-oriented condition within a binding contract, does the principal’s right of dismissal lapse? This study is descriptive-analytical in nature, developmental in purpose, and relies on library research for data collection. It seeks to conduct a comparative examination of the irrevocability clause of agency, when stipulated as a result-oriented condition within a binding contract, under Iranian and Afghan law. The findings indicate that, although Afghan law lacks an explicit statutory provision on this matter, by reference to Article 43, Clause 2 of Article 502, Article 598, and Articles 607 and 611 of the Afghan Civil Code, as well as Clause 1 of Article 13 of the Law on Commercial Contracts and Sale of Goods, it is possible—at least partially—to limit or exclude the principal’s right of dismissal through such a stipulation. Under Iranian law, pursuant to Article 679 of the Civil Code, stipulating the non-dismissal of the agent as a result-oriented condition within a binding contract is legally valid and enforceable. The major distinction lies in the fact that Afghan law not only resists a complete exclusion of the dismissal right but also upholds the rights of third parties; hence, in cases where agency concerns the right of another, the principal’s unilateral dismissal without the beneficiary’s consent is deemed invalid.