Comparative Analysis of the Concept, Nature, and Foundations of Legal Advocacy and Civil Advocacy in the Legal Systems of Iran, Lebanon, and Canada

Abstract

One of the most widely used contracts in civil law is the contract of agency. Over many years, this contract has led to the formation of a distinct profession in which individuals specialize in legal advocacy before the judiciary on behalf of the public. In the Iranian legal system, there are two types of agency: judicial advocacy and civil agency, both rooted in traditional and jurisprudential principles. An analysis of these two institutions reveals that judicial advocacy has gradually diverged from its jurisprudential foundations and has become more aligned with the legal frameworks of advanced jurisdictions, such as Canada, which has specific and unique regulations governing legal advocacy. Additionally, the legal system of Lebanon, benefiting from both European and jurisprudential legal traditions, shares significant similarities with the Iranian legal system. A study of Lebanese law provides further insights into various aspects of the institution of legal advocacy. The formation of the agency contract, its execution conditions, and its legal consequences exhibit fundamental differences from traditional jurisprudential principles. These differences have been examined and analyzed within the legal systems under review, shedding light on their various dimensions. In recent years, new laws have been enacted in the field of judicial advocacy, significantly diverging from previous legal foundations. This study aims to interpret these legal changes and assess their positive and negative aspects. Moreover, a comparative examination of the legal systems of other countries can offer a clearer perspective on the governing legal framework of judicial advocacy in Iran. This research seeks to address the fundamental differences between the concept of agency in the legal systems of the three countries under review, as well as to identify legislative gaps that have hindered progress in certain areas of advocacy. To achieve these objectives, the study relies on library-based resources, employing an analytical and descriptive methodology. Additionally, internet sources have been utilized to ensure the research remains up to date.