The legal policy of activity today is developed quite strongly. Because law is the main regulator of public relations. This fact shows a high level of progress of society. It is worth noting that law has far from always been a key regulator. His predecessors were violence and religion. But time has proved the ineffectiveness of these categories in the context of regulating the activities of people. The bottom line is that violence only affects the weak in spirit, and religion is perceived exclusively by believers. In turn, law is the basis of any human activity.
This factor led to the emergence of quite interesting legal institutions that operate to this day. For example, very often a person, due to the load on his life or lack of a real opportunity, cannot properly carry out any actions. Therefore, he delegates part of his functions and capabilities to another person on the basis of a specific legal institution, which describes in detail the Civil Code. Power of attorney and representation are thus key categories in this case. They have their own implementation specifics, which will be described in more detail later in the article.
Representation concept
Before you understand the features of the power of attorney and its immediate purpose, it is necessary to analyze the legal relationship in which the category actually exists. Such today is the representative office. In 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 carrying out any actions by one person on behalf of another who has delegated its capabilities. This legal institute has arisen and is developing in civil law. Its existence determines the industry principles of equality of arms and dispositiveness.
Representation types
There are many classifications of the above institution. 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, two key types of the mentioned institution can be distinguished, namely:
- legal representation;
- Representation on the basis of an agreement.
The first type implies the existence and operation of the institution without the presence of any legal facts. For example, the legal representatives are parents for their young children, guardians for disabled people, etc. As for the second type of institution, its existence is due to an important legal fact - the conclusion of an agreement. In other words, one person delegates his rights to another person. Contracts of this kind are called powers of attorney. Their key statements and features are enshrined in the Civil Code. The power of attorney in this case is endowed with a large number of specific points that need to be considered.
Civil Code: Power of Attorney
So, we found out that there is a 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 a written authorization issued by one person to another. Based on this document, delegation of rights and obligations 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 realization of which the expression of will by one side is enough.
Types of Legal Document
Like many legal categories, a power of attorney can be divided into several related institutions. Classification is based on the breadth of delegated authority. In general, such a species division is the only and most true. In accordance with it, the following types of power of attorney are distinguished, namely:
- special;
- one-time;
- general or general.
It is worth noting that the concepts of these types do not contain in their 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. Moreover, the features of each of the species allow us to identify the most interesting and specific points of the category specified in this article.
Characteristics of a single power of attorney
The simplest type of delegation of one’s rights in the civil sector is a one-time document. A power of attorney of this kind is the basis for the commission of one significant action and nothing more. In other words, a special legal framework is created that allows the representative directly to work on any one line. An example of a proxy action of this kind is the sale of a thing, the 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 conclusion process. Of course, the relationship itself for which the document was issued will also play a role.
Characteristic of a 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 presence of a strict framework, however, they imply the performance of any action for a certain amount of time. Such documents are popular among systematic deliveries of goods, cash withdrawal from cash registers, etc.
General Power of Attorney Characteristic
The Civil Code, the power of attorney in which is a system of key institutions, does not provide a comprehensive analysis of the general delegation of certain rights and obligations.
However, the existence of the general form, again, was deduced in doctrine. A power of attorney of this kind is issued so that a person can make certain transactions with property in the process of managing it. That is, we are not talking about a single line of action, as is the case with special delegation, but about an exceptional system of rights to implement operational-trade and administrative goals. Representatives of this kind are free to conclude any agreements, as well as to carry out other legal relations in the interests of the management object entrusted to them. A general power of attorney gives representatives the greatest range of rights.
Institute of Assignment
It should be noted that article 187 of the power of attorney in the Civil Code implies the possibility of transfer of entrusted rights and obligations. Such an institution is called reassignment. According to its provisions, a person who has already received an authorization document may transfer his obligations and rights to a third party. In other words, the subject of the legal relationship is replaced. The Institute of Subversion is not very popular today. However, its existence is necessary, because it embodies the essence of the dispositiveness of civil law.
Legal power of attorney
The institution of transfer of rights and obligations referred to in the article is implemented in simple written form. However, there are a number of cases where the power of attorney must be qualified. An exhaustive list of such points is provided by the Civil Code. A notarized power of attorney is thus issued in a number of the following cases:
- a representative is authorized to complete transactions for which a notarial form is required;
- a power of attorney is issued for filing an application for registration of certain rights or transactions;
- a power of attorney is issued for the disposal of rights registered in the manner prescribed by law in public registers.
In all cases presented, a 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 concluded for an unlimited period of time. As a rule, there is a certain period of validity of any legal relationship. The delegating document is no exception in this matter, as indicated by the Civil Code. Execution of power of attorney in accordance with the general rules shall be carried out for no more than three years. In this case, the exact duration of its validity should be indicated in the contract itself. Otherwise, the power of attorney will have legal force only for one year.
It should be noted the critical importance of the specific date of establishment of the power of attorney. The conclusion of the document will be impossible without the presence of this requisite. Article 186 of the Civil Code of the Russian Federation states that in the absence of a date the power of attorney will be invalid. The importance of props is that it is with its help that you can correctly calculate the validity period of a power of attorney. As for the documents issued on the basis of submission, their term may in no way be longer, the indicated period of time in the title power of attorney, that is, the main.
Conclusion
So, we examined the main points 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 number of explanations about the features of the legal relationship, as well as the mechanism of its creation, functioning and termination.