Representation in civil law - the basics of legal understanding

One of the basic procedural rights is the person's ability to represent their interests in various organs of the country. This ability organically fits into the representation in civil law, the consideration of which is the subject of this article

Institute of representation in civil law - general provisions

The legislation of most states grants the person the right to delegate his rights in certain respects to another individual. This is a simplified representation in civil law. However, such a definition of the phenomenon we are considering is not complete and needs to be clarified.

If it is a matter of legal practice, then lawyers present representation as a certain activity. Namely - the commission of acts on the conclusion, execution or termination of a strictly defined transaction. On the contrary, when legal scientists voice their position, they insist that the institution of representation in civil law should be considered as a set of legal relations. So what is true? The answer can be derived on the basis of the cases in which it arises:

- realization of representation of interests of imperfect, partially or completely incompetent persons by their legal guardians;

- in the absence of sufficient competence;

- in case of personal presence of the principal;

- to accelerate the process of committing actions.

Thus, representation in civil law can be designated as a special institution regulating the right of a certain person to perform significant legal actions on behalf of and on behalf of another individual.

In this legal relationship, there are always two parties involved: the represented person and the representative. The main condition separating the representation from other concepts similar to it is that the representative acts always on behalf of, on behalf of, and at the expense of the representative. In order to more fully reveal this institution, we will consider its types.

Types of representation in civil law

As it was said before, the representation is divided into legal and contractual. The latter includes what is built on the power of attorney. By agreement between the person being represented and those who will carry out actions in his favor and on his behalf. It is worth noting that the category of contractual is often referred to as the so-called "administrative representation". It is based on the act of a legal entity that gives the right to an employee to represent the interests of the former.

Another subset of the contractual representation is the so-called commercial one. It is based on the principle that promotion of interests is the main activity of an entrepreneur.

Legal - follows from the norms of legislation, namely: the representation of incompetent, partially incompetent and underage. Consequently, they may be guardians, parents or adoptive parents. With respect to the trustees, it should be noted that their rights to representation extend only to the civil process, but not to substantive law.

Types of representation in civil law by some jurists are presented in a slightly different light. They highlight the direct and indirect . The first is represented by the classification considered a little above, and the second is actually a mediation contract. How legitimate is this division? The debate on this issue is conducted by lawyers and practitioners. But to bring it is still worth it.

Representation in civil law, as can be seen from the above, is a powerful tool for effectively promoting the interests of a person with a more experienced and professional face. Therefore, its value for the development of civil legal relationships is invaluable.