One of the basic procedural rights is the ability of a person to represent his interests in various bodies of the country. This ability fits seamlessly into civil law representation, which is addressed in this article.
Institute of Representation in Civil Law - General Provisions
Legislation of most states gives a person the right to delegate his rights in certain respects to another individual. This is how simplified representation in civil law looks like. However, such a definition of the phenomenon considered by us is not complete and requires clarification.
When it comes to legal practice, lawyers present representation as a specific activity. Namely - the commission of acts to conclude, execute or terminate a strictly defined transaction. On the contrary, when legal scholars voice their position, they insist: the institution of representation in civil law should be considered as a set of legal relations. So what is considered true? The answer can be deduced on the basis of cases for which it arises:
- Representation of the 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 speed up the process of doing things.
Thus, representation in civil law can be designated as a special institution regulating the right of a certain person to carry out significant legal actions on behalf of and on behalf of another individual.
In this legal relationship, two parties are always involved: the represented person and the representative. The main condition that separates the representation from other concepts similar to it is that the representative always acts on behalf of, on a guarantee and at the expense of the represented. In order to more fully disclose this institution, consider its types.
Types of Representation in Civil Law
As mentioned earlier, the representative office is divided into legal and contractual. The latter includes what is built on the represented power of attorney. By agreement between the represented person and those who will carry out actions in his favor and on his behalf. It is worth noting that the so-called “administrative representation” is often referred to the category of contractual. It is based on the act of a legal entity that gives the employee the right to represent the interests of the former.
Another subspecies of the contractual representation is the so-called commercial. It is based on the principle that the promotion of interests is the main activity of the entrepreneur.
Legitimate - follows from the norms of legislation, namely: representation of the legally incompetent, partially legally competent and minors. Consequently, they may be guardians, parents or adoptive parents. With regard to the trustees, it should be noted that their right to representation applies only to the civil process, and not to substantive law.
The types of representation in civil law by some jurists are presented in a slightly different vein. They distinguish between direct and indirect . The first is represented by the classification considered just above, and the second is actually a mediation agreement. How legitimate is this separation? Disputes on this issue are conducted by jurists and practitioners. But it’s still worth bringing it.
Representation in civil law, as can be seen from the above, is a powerful tool for effectively promoting the interests of a person more experienced and professional person. And therefore, its value for the development of civil relations is invaluable.