The apostleship is a legal action between the sender of the expression of will and the courier, and includes a delegation from the sender to the courier. And it is a contract by which the sender puts the courier in himself place in order to communicate his will to the addressee.
In general, the problem of the study represents in the almost complete disregard of civil laws in general to regulate the subject of the apostleship, since the latter is a legal framework for the relationship between the sender of an expression of will and a courier to communicate that expression of will to the addressee. As a result of this situation of the civil laws, we see the reluctance of the jurisprudence to expand in studying the subject of apostleship, except in the context of addressing the distinction between the proxy and the apostleship, in a certain dimension.
One of the results of the study is that the opinion of the law jurists to justify the possibility of the courier to be ineligibility by saying that the courier performing a material act and not doing a legal action, in terms of limiting his role in communicating the will of the sender to the addressee, represents ignoring of clarifying the basis of the obligation of the courier to communicate the will of the sender to the addressee, and moving directly to describe the act of the courier which represents in communicating the will after the assignment from the sender. We should know that the courier before communicating the expression of will, accepts the assignment of the sender to communicate that expression of will, and the contract between the sender and the courier requires, at a minimum, that the courier be minus eligibility. The courier, although does material act, but what authorizes him to do that material act is a willing action between him and the sender. Therefore, it is necessary, concerning the courier, to has the minimum eligibility to conduct legal actions, on the grounds that the effects of such actions are go to the sender and the addressee, not to the courier.
The study presented specific suggestions regarding the regulation of the subject of the apostleship in the Iraqi civil law and the other laws under study, because it is unacceptable to ignore the regulation of this topic in its details and provisions, despite the fact that it is a topic has applications in practice.
Key Words: Apostleship, Sender, Addressee, Courier, Expression of the Will
Ali, Adil Mohammed
"The Legal System of Apostleship: A Comparative Study in Regulating the Relationship between Sender of the Expression of the Will and the Courier,"
Journal Sharia and Law: Vol. 2021
, Article 7.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2021/iss85/7