The Legal Framework of The Agency in Selling Properties which is Attached to the Immovable Rights of Others

Abstract

Agency contracts are considered from those based on the personal consideration, because the confidence of the principal is the essence of the Agency. Also, the Agency convened in the interest of the principal that has the right, any time, to isolate the agent; it may be held for the benefit of the agent and may relate to others‘ right, then it is not permissible for the principal to terminate or restrict it without the approval for Whom it is issued. Legislator singled in the law of provisions related to immovable money N“. 51 of 1958 a special text for the agency to sell the immovable property. Successive amendments to this text couldnt fill the gaps revealed by the practice. This study came to highlight the agency contract to sale the immovable money which attaches the other‘s rights, introduced the definition to determine the terms, followed by a statement of its special provisions. Contradiction in judicial discretion on determining the legal nature of this type of contract examines the legal consequences resulting from the emergence of this contract first, then determines the proper legal conditioners for it. Finally, the conclusion includes deficiencies and imbalances to be corrected in the text outlined above.