In recent years, there was an increase in the process of selling real estates under irrevocable agency agreement in the state of Kuwait. This takes place due to easy dealing related to this issue and this made it common among transacting parties since it summarizes time taken by procedures of making sale agreements with dept of real estate registration, in addition to that this type of agreements ensures easiness sought by the buyer where the buyers existence is not required any more, the buyer under irrevocable agency can make all authenticated sale procedures alone on the basis of this agency without need to existence of the seller.
Yet we discovered the problem related in general to the irrevocable agency, where the main problem in this framework lies in the legal nature of irrevocable agency agreement, and this is since the definition of legal nature can verify the correctness of irrevocable agency agreement via court jurisdiction in providing availability or unavailability of disposition Permissions, and so definition of this legal nature can also define the liabilities of agreement parties, and defining the effects arising from considering this agreement as sale agreement or otherwise, and validity of disposition for which this agency is issued.
So, this research included jurisprudence trends tackling the definition of legal nature of irrevocable agency agreement. This research includes trends of Kuwaiti cassation court in defining the legal nature of this agreement. Then, I clarified the availability of legal Permissions of disposition hiding behind the irrevocable agency agreement. We concluded with definition of legal nature of this agreement
Al-Malla, Badr Hamid
"Legal qualification of non-isolated Agency,"
Journal Sharia and Law: Vol. 2016:
65, Article 1.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2016/iss65/1