Social interaction is a complex and structured process that arises, develops and is implemented directly between people. However, it is not chaotic. The bottom line is that social interaction is legal relations proceeding from the legislation. They exist within the framework of existing regulatory acts of various sectoral and target orientations. In addition, legal relationships appear almost constantly. Any human action can give rise to them. Take, for example, a banal purchase in a supermarket. Many do not know that even this minor action is a classic contract of sale. But there are relations of a more complex, qualified nature. They arise on the basis of specific legal facts and concern only certain entities. Similar legal relationships are found in all sectors today. One of these interactions can be called representation. This institution is found in many branches of law, but is most developed in civil. Therefore, we will consider the concept of representation, types of representation and other aspects of this legal structure, taking into account all the theoretical developments in this area.
Differentiation of terms
In Russian, there are concepts that have several meanings. Representation is one of them. The term is widely used today in both legal and economic-political sphere. In the first case, a specific legal relationship, in connection with which one person gives the authority to another to act on his own behalf, is a specific legal relationship, representation. Representative offices of legal entities are a completely different institution. The interaction of individuals from the perspective of delegation of their authority is extremely popular today, as will be discussed later in the article. Representation in the second case can be called a unit, a separate part of a legal entity, which is located at a distance from it. The formation of this kind represents the interests of the titular authority. Thus, in both cases, the category has its own structure, features and actors that implement it.
The essence of the relationship
To begin with, you need to understand the features of the representative office, which relates directly to the legal sphere. As mentioned earlier, a category is a legal relationship between entities in which one transfers its authority to another. The delegation of rights may take place on the basis of an agreement or the norms of applicable law. In some cases, representation is contingent upon the actual situation of the parties. For example, the seller is authorized to represent the interests of his enterprise. The Institute is most developed in the civil law industry. However, there are similar legal relationships in other legal areas, namely: criminal, international, etc. The civil branch of law has developed the entire structure of the institute quite fully, so it needs to be considered in the context of civil law.
Civil Representation
In civil law of the Russian Federation, a representative office is a process of a person making a transaction on behalf of another. The basis of such an activity is the actual transfer of authority. At the same time, it should be noted that the representation depends on the legal basis. That is, in civil law, delegation of authority does not just happen. A special regulatory act is required.
Legal basis of representation
The concept of representation, types of representation are all interconnected categories. But, their study is possible only in the presence of certain regulatory acts, which are the basis of the institute. The existence of a representative office is thus possible on the basis of:
- provisions of the Civil Code of the Russian Federation;
- power of attorney;
- administrative act.
In addition to the legal basis, the documents presented allow the classification of the representative office as a civil law institution.
Parties to the legal relationship
Any interaction occurs between people or other persons. That is, in all cases there are certain parties to the relationship. These persons are endowed with subjective rights and obligations. They bear legal responsibility for their actions, the implementation of which plays a certain interest for them. Thus, we can talk about the presence of parties to the representative office. In the theory of civil law, it is customary to distinguish two main aspects of the mentioned legal relationship:
- represented by
- representative.
It should be noted that the parties to the legal relationship can be both individuals and legal entities. However, there is a certain framework for representatives. According to the norms of legislation, they can only be fully capable persons. Otherwise, the legal relationship simply does not arise.
Classification of legal relationship
So, we found out that representation is a specific interaction of two persons based on some legal fact. Thanks to the latter category, the mentioned legal relationship can be classified. The bottom line is that representation can arise as a result of completely different legal facts. Thus, we can distinguish the following types of legal relations, namely:
- contractual representation;
- representation by law.
Legal relations of these two types are fundamentally different from each other. Contractual representation is a mutual agreement between two persons that one of them transfers certain powers to the other. The key document of such a legal relationship is a power of attorney. Features of the conclusion and the form of the contract are enshrined in the current civil law.
This kind of representation is often called voluntary, because the parties enter into an agreement based on their beliefs. That is, their interests are realized first of all.
A completely different legal construct is representation by law. It is, firstly, mandatory, and, secondly, it implements the interest of not only the parties, but also the state. A legal representation arises from the rules currently in force in official regulations.
For example, the Civil Code states 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 of the relationship mentioned in the article. For example, a representative office 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 procedure, etc.
Category Frames
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 the case. The scope of any legal relationship is always regulated by law or contract. Moreover, the representative directly acts on behalf of a person only on the basis of the authority given to him. It should be noted the fact that legal relations are quite rare when one side is endowed with unlimited freedom. As a rule, representatives operate within a strict legal framework, which they are required not to violate. Otherwise, the represented person may make claims regarding the actions taken on his behalf.
A different view of representation
Many scientific terms can be used in several related fields of knowledge. The concept of representation, the types of representation in our article were mentioned as elements of the legal relationship between different persons. However, this term also describes the organizational form of some objects. In this case, we mean branches and representative offices of legal entities. The bottom line is that the term in this context does not represent the relationship or interaction of individuals, but the existing unit of an organization. In other words, the concept characterizes a real operating structure.
Category Features
Branches and representative offices of legal entities exist and operate on the basis of internal official acts of the organization and the norms of current legislation. In addition, there are a number of features that characterize this kind of representation.
- Branches are located outside the territorial location of the main legal entity.
- Representative offices are endowed with certain property rights.
- They operate on the basis of their own provisions.
- Branches represent the interests of legal entities.
- The representative office carries out activities 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 a particular area. It should be noted the fact that representative offices can be both frequent and statehood. Everything in this case will depend on the title legal entity that directly created the branch. An example of one of such organizations can be called the Moscow representative office of the Moscow Institute of Information Technology, the National Tourism Organization of Korea, etc. These organizations act on the basis of powers of attorney as autonomous units. The Moscow office of each of the firms represented is not uniform in the Russian Federation. There are also other similar units.
Representation of foreign organizations
Today, 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 independence of the Russian Federation. This factor influenced the growth of interest in Russia, as a subject of international trade, from foreign organizations. Today, the territory of our state is filled with branches of various companies that actually belong to other countries.
But in this case, it should be noted that the permanent establishment of a foreign company 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 its direct activities. For example, any kind of credit organization is registered with the Central Bank of Russia, the media - with the Ministry of Foreign Affairs, airlines - with the Federal Aviation Service, etc. Thus, without exception, all representations of foreign firms or legal entities of a different organizational form are held in mandatory state registration. Only after this procedure their activity becomes legal.
International representation
It should be noted that the state is a kind of organization that unites various elements in its structure, a large number of people, and also owns extensive resource reserves. In the process of political, economic and other kind of interaction with other powers, any country acts through its representative offices. This type of delegation of authority combines both legal and organizational aspects. Representation of the Russian Federation in the international arena is carried out with the help of peculiar “branches” that act on behalf of the state.
The concept of consular missions
Consular missions are special bodies that operate on the territory of foreign states. The title state delegates to them a certain amount of authority. As a rule, consular missions perform more practical functions than embassies. In other words, they strengthen relations with the local authorities of a particular territory, are engaged in servicing individuals, issuing passports, visas, notarial documents, etc. Thus, consulates are, in fact, a representative of the government of a power or a foreign body of practical character.
Conclusion
So, we tried to consider in this article the concept of representation, types of representation. But the study of this category is carried out by scientists of different fields of knowledge to this day. The main problem is the distinction between the practical and legal aspects of the representation. Perhaps in the future, scientists will come to a consensus on all the existing features of the category presented in the article.