The legislation does not define such thing as a general power of attorney.Civil Code contains a specific description of the power of attorney as the written authorization of a single person, given to him by another person to direct representation before other persons.Article one hundred and eighty-fifth of the Civil Code contains specific requirements for the power of attorney.For the purposes, based on the generally accepted interpretation, a general power of attorney should understand the power of attorney for the right to use, as well as the right to possession and disposal of vehicles.
Unlike conventional power of attorney to manage, in this situation can be made selling cars on general power of attorney.The person who issued the power of attorney is not notified to make transactions.Consider the positive and negative aspects, which carries cars for sale on the general power of attorney.Previously, general power of attorney registration release the seller from having to queue in the registration divisions of traffic police to remove the car from the account, and the participants of the transaction for tax evasion.
negative consequences that carries the sale of cars on the general power of attorney to the buyer:
- authorization has a validity period of 1 year to 3 years, after which the owner of the car will have to look for the subsequent registration of a new power of attorney;
- the principal, if desired, can regain his power of attorney - in this case the seller is likely to remain and without a car, without money;
- the power of attorney is terminated in the event that the seller (the principal) died, as the ownership of the car passes to his heirs;
- if the buyer dies, car sales and general power of attorney terminates, and the motor vehicle is returned to the seller;
- car can not be pledged for transactions of the buyer;upon the occurrence of the insured event (damage to the car, accident, theft, etc.) the right to claim insurance compensation is only available from the owner car.
negative implications that carries for sale general power of attorney for the car seller:
- ownership of the vehicle remains with the seller, so the transport tax to the budget will have to pay it;
- if there was an accident or any other case involving cars sold by proxy, the claim for damages may be brought to the car seller;
- when an administrative offense by car sold by proxy, which is automatic fixing, the seller will have to prove that at the time of the wrongful acts he was not behind the wheel of a motor vehicle;
- committing a crime involving a motor vehicle seller have to communicate with law enforcement officials by demonstrating that the car is not in its use.
As such, the transaction of purchase when you make a power of attorney does not occur.The power of attorney does not contain the necessary contracts for the sale of material conditions, for example, it does not specify the price the car.Currently, sales of cars of general power of attorney does not have any positive aspects to the seller or the buyer.More accurate and easier to execute the contract and to register a motor vehicle specified in the passport of the vehicle of the new owner.Forms of agreements can be found on their own, but it is safer to seek help from professionals.To buy a car by proxy did not turn to you unnecessary headache, consult a competent lawyer.
