Civil law. Parts I, III and IV. Grounds for occurrence and types of representation (the most important)

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Civil law. Parts I, III and IV. Grounds for occurrence and types of representation (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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24. GROUNDS FOR ORIGIN AND TYPES OF REPRESENTATION

Grounds for the emergence representations:

▪ expression of the will of the represented (it can be reflected either in a power of attorney or in an agreement);

▪ legal facts specified in the law (for example, parents are the legal representatives of their children without special powers under the Family Code of the Russian Federation);

▪ act of an authorized body allowing a person to act as a representative;

▪ the presence of a person in a certain place (for example, the presence of a store cashier in the cash register room).

Depending on the presence or absence of the will of the represented, two types of representation are distinguished:

▪ legal representation - representation arising by virtue of the instructions of the law and independent of the will of the represented (for example, trade unions are representatives of the interests of workers);

▪ voluntary representation - representation carried out in accordance with the will of the person represented (for example, a lawyer-attorney represents on the basis of an agreement with a specific person and a warrant).

The authority of a representative may be apparent from the environment in which he acts. This applies to employees (salespeople, cashiers, etc.) who make a limited range of transactions on behalf of the organization in a specific location.

A type of voluntary representation is commercial representation. This is a new institution in Russian law; its peculiarity is that this person constantly and independently represents on behalf of entrepreneurs when they enter into contracts in the field of entrepreneurial activity, and simultaneous representation of different parties to the same transaction is allowed. This institute is paid. The form of the agreement must be in writing. A commercial representative is obliged to carry out instructions and carefully keep confidential information that has become known to him in the process of carrying out trade transactions, both during the execution of the order and after its execution.

Evidence of the authority of a voluntary representation is that the representative has powers of attorney.

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