Abstract

Agency refers to a contract whereby a person selects another one to do his affairs. It is obvious that agency can be fulfilled in different ways, including explicit authorization and authorization by ratification. Authorization by ratification is ineffective for some contracts and it faces challenges in practice, because it follows the fulfillment of two rights, one the principal’s right for ratification, and the other the third-party’s right to be free from the obligations of an ineffective contract. This article has dealt with the positions of two important International Instrument of Human Rights as well as that of Iran’s domestic law regarding the scope of the use of ratification right by the principal and the owner of the authority right on the one hand and the rights of a third party on the other. It seeks to answer the question whether the principal has the right of ratification in any way, or has some legal restrictions? And if there are some limits to the principal’s right and access to such uncertainties can lead to further compatibility of Iranian law with International Instrument of Human Rights, based on which principles and rules can one establish a relative balance between the parties?

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