A legal representative is one that represents a citizen or organization before the law. In fact, this definition is very vague. In different situations, it characterizes different faces. Rights and obligations, respectively, will also differ in certain cases. All this will be described later. And to understand the question posed is not so difficult. It is enough just to pay attention to some features of the legislation of the Russian Federation. So what about the term being studied?
Definition
A legal representative is a person who, for one reason or another, represents the rights and interests of a legally incompetent person or person with limited legal capacity. Also, such people have the right to represent and protect competent people who, for various reasons, themselves cannot realize the tasks set.
In fact, representatives are called citizens who replace other people and take actions in the interests of whom they replace. By the way, people get acquainted with this term from birth.
The rights and obligations of representatives will vary depending on the situation. It has already been said that there are many advocates of interests. And in each case they will have to carry out other tasks.
Representative Types
So where and when can representatives of the law meet? The fact is that this question is not so difficult. We can say that in Russia always, when a person himself cannot participate in something, he appoints the one who will replace him.
Accordingly, most often the legal representative is a citizen who will protect the rights and interests of another person:
- in everyday life (with disability or partial legal capacity);
- in a court;
- educational institutions;
- meetings;
- government bodies.
Most often, the first two categories are found in practice. But what should citizens know about representation? How is it prescribed? What rights and obligations will be assigned to this person?
It is important to know about all this fully. After all, representation is a huge responsibility. Especially in litigation, or when it comes to incompetent persons.
Appointment for the legally incompetent
Answering these questions is not as easy as it seems. Much depends on the situation as a whole. Quite often it turns out that it is necessary to appoint a legal representative of an incompetent adult citizen. Someone who could soberly assess the current situation, as well as make decisions for a trusted person. How then to be?
There are several options. If there are candidates, they will be appointed by personal application. A citizen writes it according to the established model, then the guardianship authorities consider the candidacy. If the requirements are met, representation becomes possible.
When there are no candidates who could defend the interests of a legally incompetent adult, the state does this. More precisely, guardianship and trusteeship bodies. It was for this purpose that this organization was created.
Since birth
It has already been said that citizens face legal representatives from birth. It really is. After all, minor children are incompetent. Someone must also protect and represent their interests.
And parents are the legal representatives of the child. They take responsibility for providing care and representing the interests of the minor until his full legal capacity. Simply put, parents are responsible for their young children. After 18 years (or 16, if we are talking about emancipation), the need for representation and protection of the interests and freedoms of children disappears. And a citizen becomes independent by law.
If the child does not have parents, then the representatives are officially appointed guardians, the foster family or close relatives of the baby (for example, grandparents). When the baby is left completely alone, then the state will protect him, as well as an adult incapacitated.
By appointment and desire
In some situations, an adequate and competent person has the right to appoint his own representative. In court, often his role is played by a lawyer. But a citizen is able to appoint someone whom the representation of personal interests trusts.
Appointment, as a rule, takes place at a notary public. A detailed contract is concluded between the trustee and the principal. All rights and obligations of a person who will protect the interests of others are registered there. After the transaction is certified by a notary, the citizen will be a proxy. In other words, a representative.
The rights
Now a little about what are the rights of the legal representative, and what kind of obligations he undertakes. These are extremely important nuances, because representation involves protecting someone's interests. To take on such a responsibility, especially not by proxy, but by law is a serious step.
A legal representative is a person who can:
- conclude transactions in order to increase the welfare of the principal;
- dispose of property for profit for the legally incapable;
- allow / prohibit partially capable person to conclude transactions on his behalf;
- terminate agreements that harm property or interests of citizens on whose behalf it acts.
Responsibilities
And now a little about responsibilities. The fact is that the function of representation can be disclosed only taking into account the understanding of the fact of what responsibility will lie with the representative. Here, in fact, rights are also the duties of a citizen. Why?
The duties of a representative include protecting the interests and freedoms of a citizen. That is, to do everything so that the trustee is in a favorable position. So, you can conclude and terminate transactions that will be profitable and insignificant for the legally incapable, respectively.
The organization
There is such a thing as a legal representative of an organization. Such a person must protect the interests and rights of the company. Usually it is the direct owner of the company. The legal representatives also include everyone who works in the corporation. After all, they act in the interests of the employer.
Only a legal representative can be an exclusively officially employed person. If a person does not work officially in this corporation, a representative office does not take place.
As a rule, legal representatives in companies with special rights are:
- Leaders
- directors;
- substituents;
- accountants;
- recruitment managers.
Office workers are also representatives of the organization, but they have fewer rights and often more responsibilities. Therefore, in the case of companies, questions of representation cannot be interpreted unambiguously.
Summary
What conclusions can be drawn from the foregoing? The legal representatives of students are parents and guardians. In general, a representative office is divided into several types:
- representation of legally incapable adults;
- children
- individuals or legal entities.
Depending on a particular case, certain rights of a citizen will change. But their meaning remains the same. It is about protecting the interests, rights and freedoms of the entrusted. A legal representative is an advocate. And a kind of "implementer" of actions on behalf of a trusted person.
The legal representative of a child or a legally incompetent person, especially when executing guardianship or guardianship, assumes obligations not only for protection, but also for guardianship. That is, you will have to fully care for the trustee.
In practice, representation is ubiquitous. This is not the most difficult point to understand in the country's legislative system. With the studied term, as already mentioned, everyone is familiar to one degree or another.
The consent of the legal representative to carry out certain transactions is an important nuance that allows a partially capable person or child to act on their own behalf. It turns out that citizens under guardianship or trusteeship, with the permission of a representative, can themselves be responsible for some of their actions.