Civil law. Parts I, III and IV. Concept and meaning of representation (most important)

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Civil law. Parts I, III and IV. Concept and meaning of representation (most important)

Lecture notes, cheat sheets

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23. CONCEPT AND SIGNIFICANCE OF REPRESENTATION

Representation - the commission by one person (representative), by virtue of his authority on behalf and in the interests of another person (represented), transactions and other legal actions, as a result of which civil rights and obligations are created, changed and terminated for the represented.

In order to protect the interests of the represented representative, it is prohibited to make transactions on his behalf in relation to himself personally, as well as in relation to another person, whose representative he is at the same time (except in cases of commercial representation).

It is not allowed to make a transaction through a representative, which, by its nature, can only be made personally, as well as transactions specified in the law (testament, annuity).

The institution of representation already existed in ancient Rome. It arose due to the fact that the subjects of civil legal relations could not always participate in them personally.

The subject of representation is legal actions, in particular transactions.

Represented can be any subjects of civil law: individuals, legal entities, the Russian Federation, subjects of the Russian Federation and municipalities.

Representatives persons who carry out representative activities are called. They can be only two types of subjects of civil relations: citizens and legal entities. To do this, citizens must be legally capable, and legal entities exercising representation must not go beyond their statutory legal capacity. Participants in transactions (they can be any subjects of civil legal relations) must check the proper execution of the powers of representatives through whom they carry out transactions.

The authority of a representative must be distinguished from the authority a person who also acts in the interests of others, but on his own behalf. Such persons include:

▪ commercial intermediary - a person who facilitates the completion of a transaction, but does not complete it;

▪ bankruptcy trustee - a person who disposes of the debtor’s property during his bankruptcy;

▪ executor - a person who performs actions to execute a will in the interests of the heirs;

▪ a person authorized to enter into negotiations regarding possible future transactions;

▪ messenger - a person conveying someone else's will;

▪ signer - a person who signs a transaction for a subject who is unable to sign with his own hand;

▪ commission agent - a person who undertakes, on behalf of another party (the principal) for a fee, to carry out one or more transactions on his own behalf, but at the expense of the principal;

▪ a third party under an agreement in favor of a third party - a person who has the right to demand from the debtor the fulfillment of an obligation in his favor.

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