AL-Qadisiya Journal For Law and Political Sciences

The Legal Framework of the Agency Contract for Future Protection (A Study in French Civil Law)

https://doi.org/10.63677/jqlap.2026.168854.1544
Volume 17, Issue: 2 part 1
Summer 2026
Pages 573-600
AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Hussam Abees Ouda Al-Ta'i

Imam Al-Kadhim College (peace be upon him) – Al-Diwaniyah Departments

Abstract
In 2007, the French legislature introduced a new contract called the "Agency Contract for Future Protection" and added its provisions to the Civil Code. This contract allows adults to choose one or more agents to represent them in protecting their personal or financial interests, or the interests of their minor children, when they become incapable of managing these interests in the future due to their mental or physical condition. In regulating the provisions of this contract, the legislature deviated from most of the provisions stipulated in agency contracts in general. This gives this contract a unique nature that distinguishes it from agency contracts in general and other contracts. It is primarily a contract with deferred execution, and its validity begins at the time when the agency contract, in its usual form, expires. Arab legislation generally lacks any reference to this type of contract, making this study the first step towards incorporating such contracts into the Arab legal system, particularly the Iraqi system, and regulating them in a way that serves a large segment of society, especially the elderly.
Subjects
  • Receive Date 21 January 2026
  • Accept Date 19 February 2026

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