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

Al-Ta'i, Hussam Abees Ouda

doi:10.63677/jqlap.2026.168854.1544

	The Legal Framework of the Agency Contract for Future Protection (A Study in French Civil Law)
AL-Qadisiya Journal For Law and Political Sciences
Article 27, Volume 17, Issue: 2 part 1, September 2026, Pages 573-600 PDF (654.94 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2026.168854.1544
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.

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