Power of Attorney - a document issued by a person to another person for representation before third parties.The theory of the civil law does not know the concept of "general power of attorney for the car", which became very disagree.So now this term is understood as the right to conduct all activities related to cars.However, this opinion is legally erroneous.
Often citizens acquire cars for the general power of attorney issued to himself, and this is directly contrary to paragraph 3 of Article 182 of the Civil Code of the Russian Federation, where it is established that the representative is not entitled to make the sale and other automobile transactions on behalf of the owner in respect of itself.A person granted power of attorney does not become the owner of the vehicle obtained.General attorney can be terminated without the participation of an attorney (the person who received the power of attorney).
Make a general power of attorney for the car easily.You can operate the machine without a notarized document, enough of this document to be written by hand.Incidentally, the power of attorney for auto paper annoys traffic police for a long time, because at the crumpled piece of paper right attorney can give himself the driver, because of that check the validity of such a document impossible.Therefore, employees GIBBD insist on the introduction of the notarial authentication of general power of attorney for the car.
If the owner of the car is a legal entity, a power of attorney on the car is certified supervisor of the legal person and seal (Part 5 statya185 Civil Code).
If we consider the concept of "power of attorney for control of the machine" from the point of view of jurisprudence, it is considered absurd.General Power of Attorney - a document that confirms the right of proxy to transact on behalf of the owner of the car.However, using the vehicle, person who received power of attorney for the car, can not make any transaction.
can not explain the existence of such a fact of civil procedural law - in this case a power of attorney on the car offers all the powers in the judicial process.At the same time, such a document is recognized as legitimate, when the wine is determined by the trustee (Article 1076 of the Civil Code).
Lawyers point out that such a dubious document, as a general power of attorney is a certain indulgence on the road when it comes to checking the documents the representatives of the traffic police.
To be able to participate in the litigation to a person who has power of attorney, you must obtain a power of attorney on cars, or notarized:
- firm or institution in which the principal studies or works;
- the administration of the institutions of social protection of the population, which is the principal;
- the commander or chief of a military unit, or part of the military school, if the general power of attorney issued to employees, the employees of these institutions;
- general power of attorney of persons who are in prisons, require certification chief places (spelled out in article 53 of the Civil Procedure Code).
Learn how to make a warrant for the car can be legal advice or a notary.
If you do decide to buy a car on the general power of attorney from a stranger (maybe you can see the first and last time in my life), try to see to it that the power of attorney was assigned to the mandatory minimum procedural rights set out in article5 of the Civil Procedure Code and the right of substitution.
