Concept of representation, types of representation, meaning

Social interaction is a complex and structured process that arises, develops and is realized directly between people. However, it is not chaotic. The bottom line is that social interaction is legal relations arising from the legislation. They exist within the framework of the existing normative acts of various sectoral and target orientations. In addition, legal relations appear almost constantly. Any action of a person can generate them. Take, for example, a banal purchase in a supermarket. Many do not know that even this insignificant action is a classic contract of sale. But there are legal relationships of a more complex, qualified nature. They arise on the basis of specific legal facts and concern only certain subjects. Similar legal relations are found in all industries today. One of these interactions can be called representation. This institution is found in many branches of law, but is most developed in the civil. Therefore, we will consider the concept of representation, types of representation and other aspects of this legal design, taking into account all the theoretical developments in this area.

Differentiation of terms

In the Russian language there are concepts that have several meanings. Representation is one of them. The term is widely used to date both in the legal, and in the economic and political sphere. In the first case, a specific legal relationship in connection with which one person gives powers to another to act on his own behalf is a specific legal relationship, representation. Representations of legal entities are a completely different institution. Interaction of persons in the perspective of delegation of their powers is extremely popular to date, as will be discussed later in the article. Representation in the second case can be called a subdivision, a separate part of a legal entity that is located at a distance from it. Formation of this kind represents the interests of the title authority. Thus, in both cases the category has its own structure, features and subjects that implement it.

Essence of the legal relationship

To begin with, it is necessary to understand the peculiarities of the representation, which relates directly to the legal sphere. As mentioned earlier, the category is a legal relationship between entities in which one delegates his authority to another. Delegation of rights can occur on the basis of a contract or the norms of the current legislation. In some cases, representation is due to the actual situation of the parties. For example, the seller is authorized to represent the interests of his company. The Institute is the most developed in the civil law branch. However, there are similar legal relations in other legal spheres, namely: criminal, international, etc. The civil branch of law sufficiently fully developed the entire structure of the institution, so it is necessary to consider it in the context of civilization.

Civic representation

In civil law of the Russian Federation, representation is the process of making a transaction by a person on behalf of another. The basis for such activities is the actual transfer of authority. It should be noted that the representation depends on the legal basis. That is, in civil law delegation of authority does not happen just like that. A special normative act is needed.

Legal basis of representation

The concept of representation, types of representation are all interrelated categories. But, their study is possible only in the presence of certain normative acts, which are the basis of the institution. The existence of representation, therefore, is possible on the basis of:

1. Provisions of the Civil Code of the Russian Federation;
2. Power of attorney;
3. Administrative act.

In addition to the legal basis, the submitted documents allow the classification of representation as a civil law institute.

Parties of legal relations

Any interaction occurs between people or other persons. That is, in all cases there are certain aspects of the legal relationship. These persons are endowed with subjective rights and duties. They are legally responsible for their actions, the implementation of which plays a certain interest for them. Thus, we can talk about the presence of parties to representation. In the theory of civil law, it is common to distinguish two main sides of the mentioned relationship:

• Represented;
• Representative.

It should be noted that the parties to the legal relationship can be both physical and legal persons. However, there are certain limits for representatives. According to the legislation, they can only be fully capable persons. Otherwise, the legal relationship will not arise.

Classification of the legal relationship

So, we found out that the representation is a specific interaction of two persons, based on some legal fact. It is due to the latter category, the mentioned relationship can be classified. The bottom line is that representation can arise due to completely different legal facts. Thus, we can distinguish the following types of legal relationship, namely:

• Contractual representation;
• Representation by law.

The legal relations of these two types are fundamentally different from each other. A contractual representation is a mutual agreement of two persons transferring one of them certain powers to another. A key document of this relationship is a power of attorney. The features of the conclusion and the form of the contract are fixed in the current civil legislation. This type of representation is often called voluntary, because the parties conclude an agreement based on their beliefs. That is, first of all, their interests are realized.

A completely different legal design is representation under the law. It, firstly, is necessary, and, secondly, it realizes the interest not only of the parties, but also of the state. There is a legitimate representation of the norms that currently apply to the provisions of official regulations. For example, the Civil Code stipulates that adoptive parents, guardians and parents are representatives of children who have not yet reached the age of 14 years. Thus, the represented people can make certain transactions on behalf of minors, as well as other legal actions.

Of course, there are other types of classification referred to in the article relationship. For example, the representation can be divided into branches of the legal system of the Russian Federation. In other words, the institution of representation exists not only in civil law, but also in criminal procedural, and so on.

Framework category

Many people mistakenly think that the powers of a person representing a different person are not limited in any way, but this is far from being the case. The framework of any legal relationship is always governed by law or contract. At the same time, the representative directly acts on behalf of a person only on the basis of the powers given to him. It should be noted that very rarely there are legal relations, when one side is endowed with unlimited freedom. As a rule, representatives act in strict legal framework, which they are obliged not to violate. Otherwise, the represented person may raise a complaint about the actions carried out on his behalf.

A different view of representation

Many scientific terms can be used in several related fields of knowledge. The concept of representation, types of representation in our article were mentioned as elements of the legal relationship between different persons. However, this term also characterizes the organizational form of some objects. In this case, we mean the branches and representative offices of legal entities. The bottom line is that the term in this context is not an attitude or interaction of individuals, but an existing subdivision of an organization. In other words, the concept characterizes the actual structure.

Features of the category

Branches and representative offices of legal entities exist and perform their activities on the basis of internal official acts of the organization and norms of the current legislation. In addition, there are a number of features that characterize representation of this kind.

1. The branches are located outside the territorial location of the main legal entity.
2. Representations are endowed with certain property rights.
3. They function on the basis of their own positions.
4. Branches represent the interests of legal entities.
5. The activities of the mission are carried out on the basis of a power of attorney, in which its powers are detailed, in the process of implementing certain tasks.

Such separate structures allow organizations to more effectively spread their influence and act in one area or another. It should be noted that fact that representations can be both frequent and state. Everything in this case will depend on the title legal entity, which was directly created by the branch. An example of one such organization can be called the Moscow office of MNIPI, the National Tourism Organization of Korea, etc. These organizations operate on the basis of powers of attorney, as autonomous units. The Moscow representation of each of the represented firms is not unified in the Russian Federation. There are also other similar units.

Representation of foreign organizations

To date, the Russian Federation is an active participant in the international economic arena. The open market became accessible after the collapse of the Soviet Union and the attainment of independence by the Russian Federation. This factor has influenced the growth of interest in Russia, as a subject of international trade, on the part of foreign organizations. To date, the territory of our state is filled with branches of various firms that actually belong to other countries.

But in this case it should be noted that a permanent representative office of a foreign firm can function on the territory of the Russian Federation only if it is registered with the relevant official bodies. This process is called accreditation. Confirmation of the organization's activities can be carried out in various bodies. In this case, everything will depend on the scope of his immediate activities. For example, credit organizations of any kind are registered with the Central Bank of Russia, mass media in the Ministry of Foreign Affairs, airlines in the Federal Aviation Service, etc. Thus, all representations of foreign firms or legal entities of another organizational form without exception are held in Mandatory state registration. Only after this procedure, their activities become legal.

International Representation

It should be noted that the state is a kind of organization that unites in its structure various elements, a large number of people, and also owns extensive resource stocks. In the process of political, economic and other kind of interaction with other powers, any country operates through its representative offices. This type of delegation of powers combines both legal and organizational aspects. Representation of the Russian Federation in the international arena is carried out with the help of unique "branches", which act on behalf of the state.

The concept of consular representation offices

Consular missions are special bodies that operate on the territory of foreign states. The title state delegates a certain number of powers to them. As a rule, consular missions exercise more practical functions than embassies. In other words, they strengthen relations with the local authorities of a particular territory, deal with the servicing of individuals, the issuance of passports, visas, notarial documents, etc. Thus, consulates are, in fact, the representation of the government of the state or the foreign body of a practical Character.

Conclusion

So, we tried to consider in this article the concept of representation, types of representation. But research of this category is made by scientists of different fields of knowledge to this day. The main problem is the delimitation of the practical and legal aspects of representation. Perhaps in the future, scientists will come to a common opinion on all the existing features of the category presented in the article.