Suppose Zayd was appointed as selling agent within the original pledge contract. Later the pledgor sends a notice purporting to revoke the appointment without the pledgee’s agreement.
Under this contractually secured agency, the notice does not terminate the mandate, which remains subject to the agreed conditions. The purpose is to prevent unilateral dismantling of the agreed security mechanism. Ordinary agency has different rules and must not be treated as identical.
Opening interactive controls...
A purported dismissal of a stipulated agent
Kitab al-Rahn: Partial Repayment, Agency to Sell and Pledgee Rights
Suppose Zayd was appointed as selling agent within the original pledge contract. Later the pledgor sends a notice purporting to revoke the appointment without the pledgee’s agreement.
Under this contractually secured agency, the notice does not terminate the mandate, which remains subject to the agreed conditions. The purpose is to prevent unilateral dismantling of the agreed security mechanism. Ordinary agency has different rules and must not be treated as identical.