One of the basic procedural rights of the person is the ability to represent their interests in various organs of the country.This capability fits well into an office in the civil law, which is devoted to the consideration of this article
Institute representation in civil law - general provisions
legislation of most countries provides a person the right to delegate its rights in certain respects other individuals.Here is the simplified representation in civil law.However, such a definition of the phenomenon under consideration is not complete and requires clarification.
If it is a legal practice, the lawyers presented certain activities as a representative.Namely - acts on the conclusion, performance or termination of a strictly defined transaction.In contrast, when the position voiced by legal scholars, they insist Institute representation in civil law is to be considered as a set of relations.So what is considered true?The answer can be deduced on the basis of the cases over which it occurs:
- the implementation representation of the interests of imperfect, partially or totally disabled persons of their legal guardians;
- in the absence of sufficient competence;
- in the case of the personal presence of the principal;
- to accelerate the fulfillment of actions.
Thus, representation in civil law may be designated as a special institution, which regulates the rights of certain persons to make significant legal actions on behalf and on behalf of another individual.
involved in this legal relationship are always two sides: the represented person and the representative.The main condition for separating the office from other, similar concepts with him, is that the representative always acts on behalf of, for surety and at the expense of the principal.In order to more fully disclose the institution, consider his views.
Species representation in civil law
As mentioned earlier, the office is divided into legal and contractual.By last include what is built on the power of attorney submitted.By agreement between the sending and the person who will carry out the action on his behalf and on his behalf.It is worth noting that the category of contract is often referred, and so-called "administrative office".It is based on a legal act of the person giving the employee the right to represent the interests of the former.
Another subspecies of the contractual representation is the so-called commercial.It is based on the principle according to which the promotion of the interests of the main activity of the entrepreneur.
Legal - stems from the norms of the legislation, namely: representation of incapable, partially capable and minors.Consequently, they can be guardians, parents or adoptive parents.In respect of trustees should be noted that their right of representation applies only to civil proceedings, but not substantive law.
Species representation in civil law, some legal scholars presented in a slightly different way.They secrete direct and indirect .The first is represented by classification discussed just above, and the second - actually a mediation agreement.How valid is this division?The debate on this issue conducted by legal scholars and practitioners.But the result is worth it all.
Representation in civil law, as can be seen from the above, is a powerful tool for the effective promotion of the interests of a person more experienced and professional person.And because of its value for the development of civil relations is invaluable.
