Often there is a situation where a citizen is necessary to conclude any deals, but due to circumstances it can not be their own.For example, if necessary, the sale of real property, a citizen may personally carry out the transaction, and to authorize it to another person because of his absence at the location of the property or simply because of the reluctance to engage in design.In such a case is a contract for sale of the real estate commission.You can charge the same manner and performance of other legal acts.
What is a contract of agency?
In accordance with an attorney who represents the interests of the client, performs on behalf of legal actions as a result of which there are certain rights and responsibilities.The contract specifies only the internal relations of the parties, therefore, as a rule, transferred to the attorney power of attorney confirming his powers.The validity of the power of attorney may not exceed three years, if it is not specified, it is valid for one year.Parties to a contract may be not only physical but also legal entities.
Making
Trust Deed may be in oral and in writing, and must comply with the legislation with regard to the general regulations on the form of transactions contained in the Civil Code.
If it is written, then it spells out in detail the rights and duties of the parties to the contract, the period for which it is concluded, the cost of services (if they are not free of charge).Due to the fact that the actions of the attorney would entail certain legal consequences, it is desirable in the preparation of the agreement to seek legal assistance from an experienced specialist.
purpose and procedure of
Trust Deed is made only for the commission of legal action, such as to conclude the trading transaction or conduct business lawyer at the trial.It may not be prepared to commit actual actions, such as the production of repair, packaging items, etc.
However, some actual action may be necessary, for example, a trip, inquiries, inspection and others. They are also the subject of the contract, as are auxiliary.
Attorney can not authorize any legal action.For example, it can not be for the principal to marry, make a will, to enter into an employment contract, exercise their parental rights.In addition, it can not be authorized to perform illegal transactions.
attorney has no right to make transactions in respect of himself and another person, whose representative he is also.When the transaction to the detriment of the principal, and with malicious intent, it can be invalidated.
Trust Deed must contain legitimate, feasible and specific instructions.An attorney can withdraw from them in the interests of the principal if he could not ask for the answer beforehand or did not receive it within a reasonable time.In this situation, it must notify it as soon as possible.All
received from a third party attorney must give the principal, and he - to accept execution of the order and recover the costs incurred in connection with the execution.This could be the payment of the hotel, travel expenses and other.
Types of contracts
Depending on the transaction, which must be enclosed, are: agency contract for the provision of services, sale and purchase of movable and immovable property,registration of export-import operations, and the acceptance of works and goods. Legal actions related to the commission of such transactions, and often require specific professional knowledge, which does not always have the principal himself.For this reason, moreover, that the attorney represents his interests, he still may have this knowledge and properly dispose of the rights granted to him and the property.
Termination
Agency Agreement may be terminated due to the failure of an attorney, the abolition of the principal order, the death of one of the parties, legal incapacity or missing.
