Probably each of us at least once in their life is a civil contract.As a rule, at the conclusion of the transaction we will immediately proceed to the reading of the text of the treaty.In many cases, it is natural and understandable, but is it always such actions are justified.Sometimes the deal with a person unauthorized to conclude the transaction, can lead to big losses.
market economy based on the inviolability of property, freedom of contract and the inadmissibility of arbitrary interference by anyone in private affairs, etc.It's clear.However, one of the institutions of civil law is the institution of representation.No one is forbidden to participate in the transaction through its duly authorized, representative.Here it is where the fun begins.That means a duly authorized representative?Where it appears, and how to check?
Check it out in various ways.Today, on this subject written many articles and recommendations.Find them on the Internet is easy.What better way to choose is ultimately you, but check it is still necessary.
The contracts should never rely on the case.Especially in our time and in our country.The legal consequences of the transaction by an unauthorized person, and the transaction concluded with abuse of authority, the law rewritten from 01.09.2013 as amended.The most important of them are enshrined in Articles183, 173, 173.1 and 174 of the Civil Code.Please read before signing a contract or less serious.On the right, the transaction must be ready, just as in love with the young man to prepare for the first date - carefully considering the details and implications.For information on how to check the authority to sign, I wrote once.There is only one sentence add "inspections do not happen."Remember, it all depends on the degree of risk you consider acceptable for themselves, and from the "value" that is at stake as a result of signing the contract.
Thus, abuse of power - it is the first thing that occurs most frequently in transactions.And your task is to detect.Try to understand this is not just some legal technicality and not a passing fad.Check your authority is an essential obligation of the contract.Do not forget about it.
But it's not so bad, in our time, is easy to "bump" at all in the scam, posing not for the face, which is the.This is the second thing you should pay attention.Ask yourself whether the person makes a deal?Is this the man for whom he claims to be?There are many questions, answers, as always, even more.You can, of course, seek the advice and assistance of lawyers.And it will be, in many cases the right decision.But it can also happen that at the right time, at the right time, you are left without a professional advisor.How then to be?In this case, at least try to follow a few basic rules, which in most cases will help you avoid some common mistakes made when entering into transactions.
- never to conclude a deal without prior authorization, especially if the counterparty to the transaction is a little known entity (LLC "Buttercup" Doe IV, etc.).
- All actions of the transaction, try to capture on paper, signed by the parties (transfer of money, transfer of property, the agreement on advance payment, etc.).
- not sign the documents, the value of which does not understand (until then, until you clarify for themselves their meaning).
- If possible, check the contractor through open sources (at least on the website of the tax), especially if the counterparty to the transaction is a little-known entity.
Stick least these basic rules, and they will help you avoid some grave abuses by the contractor encountered in transactions.And it's your time and your money.Even the first observance of the rules (to check the authority to sign the contract), in many cases stop the crooks from further action.