Civil Code: "Power of Attorney and Representation". Comments

The legal policy of the activity for today is developed quite strongly. Because law is the main regulator of social relations. This fact shows a high level of progress in society. It should be noted that the right was not always a key regulator. As its predecessors, violence and religion acted. But time has proven ineffectiveness of these categories in the context of regulating people's activities. The bottom line is that violence acts only on the weak in spirit, and religion is perceived exclusively by believers. In turn, law is the basis of any human activity.

This factor caused the emergence of quite interesting legal institutions that are still in effect. For example, very often a person, due to the busyness of his life or the lack of a real opportunity, can not properly carry out any actions. Therefore, he delegates some of his functions and opportunities to another person on the basis of a certain legal institution, which describes in detail the Civil Code. The power of attorney and representation are thus key categories in this case. They have their own specific implementation, which will be described in more detail later in the article.

The concept of representation

Before you deal with the features of the power of attorney and its direct purpose, it is necessary to analyze the relationship itself, in which the category actually exists. So today is the representation. By its structure and tasks, the legal relationship of this kind is quite simple. According to the provisions of the current legislation and some doctrinal judgments, representation is the process of doing something by one person on behalf of another who has delegated his or her opportunities. This legal institute arose and develops in civil law. Its existence stipulates the branch principles of equality of parties and dispositions.

Types of representation

There are many classifications of the institute presented above. But the most correct and accurate is the differentiation based on the provisions of legislative acts, in particular, the Civil Code of the Russian Federation. Thus, it is possible to distinguish two key types of the mentioned institution, namely:

• Representation by law;
• Representation on the basis of a contract.

The first kind implies the existence and operation of the institution without the presence of any legal facts. For example, parents are legal representatives for their young children, guardians for incompetent people, etc. As for the second type of institution, its existence is due to an important legal fact - the conclusion of a treaty. In other words, one person delegates his rights to another person. Contracts of this kind are called powers of attorney. Their key lists and features are fixed by the civil code. The power of attorney in this case is endowed with a large number of specific moments that need to be considered.

Civil Code: power of attorney

So, we found out that there is representation under the law and the contract. The power of attorney in this case characterizes the second type of the said institution. But what is this category? According to Article 185 of the Civil Code of the Russian Federation, a power of attorney is an authorization of a written character that is issued by one person to another. On the basis of this document, delegation of rights and duties is carried out. The main feature of the power of attorney is the fact that it can be issued to both legal entities and individuals, as the civil code of the Russian Federation tells us. The power of attorney, therefore, is a specific one-sided relationship, for the implementation of which it is sufficient to produce will by only one party.

Types of legal document

Like many legal categories, the power of attorney can be conditionally divided into several related institutions. Classification is carried out on the basis of the latitude of delegated authority. In general, such a species division is the only and most reliable. In accordance with it, the following types of power of attorney are distinguished, namely:

• Special;
• Single;
• General or general.

It is worth noting that the concept of these species does not contain in its provisions the Civil Code of the Russian Federation. The power of attorney of each type is deduced doctrinally, by studying the institution of representation as a whole. In this case, the features of each of the species allow us to identify the most interesting and specific moments of the category indicated in this article.

Characteristics of a one-time power of attorney

The simplest kind of delegation of one's own rights in the civilian sector is a one-time document. A power of attorney of this kind is the basis for accomplishing one significant action and nothing more. In other words, special legal frameworks are created that allow the representative directly to work on any one line. An example of actions by proxy of this kind is the sale of any thing, receipt, sale of goods, etc. One-time powers of attorney are quite popular, as they are easy to use, and also do not cause any difficulties in the process of confinement. Of course, the very relationship for which the document was issued will also play a role.

Characteristics of the special power of attorney

A completely different type of delegation of rights is a special type of document. Such powers of attorney are also characterized by the existence of strict limits, however, they imply the performance of any actions for a certain amount of time. Such documents are popular in the environment of the systematic supply of goods, the delivery of money from the cash register, etc.

Characteristics of the general power of attorney

The Civil Code, the power of attorney in which constitutes the system of key institutions, does not provide a detailed analysis of the general delegation of certain rights and obligations.

However, the existence of a general species, again, was inferred in doctrine. A power of attorney of this kind is issued in order for a person to make certain transactions with property in the process of managing it. That is, we are not talking about one line of action, as in the case of special delegation, but of an exclusive system of rights for the implementation of operational, commercial and administrative-economic purposes. Representatives of this kind are free to conclude any contracts, as well as to implement other legal relationships in the interests of the control object entrusted to them. The General Power of Attorney gives representatives the widest range of rights.

Institute of Re-Missions

It should be noted that Article 187 of the power of attorney in the Civil Code implies the possibility of transferring entrusted rights and duties. Such an institution is called transfer. According to his provisions, a person who has already received an authorization document can transfer his obligations and rights to a third party. In other words, the subject of the legal relationship is replaced. The re-crediting institute is not very popular today. However, its existence is necessary, because it embodies the essence of disposability of civil law.

The legal certificate of the power of attorney

The institution for the transfer of rights and duties mentioned in the article is implemented in a simple written form. However, there are a number of cases when the power of attorney must have a qualified appearance. An exhaustive list of such moments is given by the Civil Code. Notarial power of attorney, thus, is issued in a number of the following cases:

• The representative is authorized to execute transactions for which a notarial form is required;
• The power of attorney is issued for filing an application for the registration of certain rights or transactions;
• The power of attorney is issued for the disposal of rights registered in accordance with the procedure established by law in public registers.

In all cases submitted, the document delegating rights and obligations must be certified by a special notarial inscription.

Civil Code: term of power of attorney

A fairly small percentage of contracts is for an unlimited period of time. As a rule, there is a certain period of validity of any legal relationship. The delegated document is not an exception in this matter, as the Civil Code says. Execution of power of attorney under the general rules takes no more than three years. In this case, the exact period of its validity must be specified in the contract itself. Otherwise, the power of attorney will only be valid for one year.

It should be noted the exceptional importance of a specific date for establishing a power of attorney. The conclusion of the document will be impossible without the presence of this requisite. Article 186 of the Civil Code states that in the absence of a date, the power of attorney will be null and void. The importance of the props is that it is with his help that you can correctly calculate the validity period of the power of attorney. As for the documents issued on the basis of the transfer, their term can in no way be large, of the specified period of time in the title deed, that is, the basic one.

Conclusion

So, we examined the main aspects of the delegation relationship, which were taken from a document such as the Civil Code of the Russian Federation. The article "Power of Attorney" gave an exhaustive amount of explanations about the peculiarities of the legal relationship, as well as the mechanism for its creation, functioning and termination.