Civil law. Parts I, III and IV. Power of attorney (most important)

Lecture notes, cheat sheets
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Civil law. Parts I, III and IV. Power of attorney (most important)

Lecture notes, cheat sheets

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25. POWER OF ATTORNEY

Power of attorney (d-t) - a written authorization issued by one person (principal) to another person (represented) for representation before third parties; a one-way deal, but the representative accepting the authority must agree to that authority. Issuance of documents on behalf of several persons is allowed. One or more persons may also act as representatives.

Requirements for Dr. Form d-ty is determined by the form of those transactions that will be concluded with its help: on behalf of the legal entity must be certified by the signature of its head, and if this legal entity is based on state or municipal property, then the number must also be signed by the chief accountant; e-th "simplified form" (for salaries, pensions, etc.) can be certified at the place of work, study, residence of the principal, the administration of the medical institution in which the principal is being treated.

To notarized d-tyam are equated: 1 ) d-ti military personnel, certified by the head, his deputy, senior or duty doctor of the hospital or sanatorium;

2) d-ti military personnel, certified by the commander of the military unit in the absence of a notary's office at the location of this unit;

3) d-ti persons serving sentences in places of deprivation of liberty, certified by the head of the corresponding place of deprivation of liberty.

Types of doctors: general (issued for all transactions); special (issued for a number of homogeneous transactions); one-time (issued for one transaction).

D-ti are issued for a certain period. The maximum period is three years. D-th, in which the validity period is not specified - one year. A document that does not indicate the date of its issue is invalid (void).

D-t on behalf of a legal entity issued under the signature of its head or authorized person with the seal of this organization. On behalf of a legal entity based on state or municipal property, for the receipt (issuance) of material assets - also the signature of the organization's chief accountant.

Requirements for a representativewho received the following:

1) the actions provided for in d-ti must be performed personally by him;

2) transfer of authority is possible if the principal has provided for this in the d-ti or if the representative is forced to transfer his authority due to the prevailing circumstances in order to protect the interests of the principal;

3) the person who transferred his powers to another person is obliged to inform the principal about this;

4) retrust - only in a notarial form, with the exception of "simplified" d-tey.

The rights and obligations of the principal and representative are annulled in the event of the termination of the institution.

Grounds for terminating d-ti: expiration of its term; its cancellation by the person who issued it; refusal of the person to whom the certificate was issued; termination of the legal entity on behalf of which it was issued (or to which it was issued); death, recognition as incapacitated, with limited legal capacity of the issuer or to whom a doctor was issued. The terminated date must be returned by the representative to the principal or his legal successor (in the event of the death of the principal).

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