The institution of representation is of particular practical importance in the framework of civil relations. As a rule, representatives act on the basis of a power of attorney (general provisions on it are enshrined in Article 185 of the Civil Code of the Russian Federation). Article 182 of the Civil Code defines the procedure for representation. Let's consider it in more detail.
The content of the article
According to paragraph 1 of Art. 182 of the Civil Code of the Russian Federation, a transaction concluded by one entity on behalf of another by virtue of the relevant powers directly changes, creates, terminates the duties and rights of the represented person. Powers can be fixed in a power of attorney, law, act of a local or state power structure. They may also flow from the environment in which the representative is located and operates. In particular, we are talking about sellers of retail stores, cashiers, etc.
Representatives of the person, according to paragraph 2 of Art. 182 of the Civil Code of the Russian Federation, there can be no entities, although they perform actions in the interests of other persons, but on their own behalf, only transmitting the will of another entity, expressed properly, as well as authorized to enter into negotiations regarding transactions possible in the future.
Limitations
Representative, according to paragraph 3 of Art. 182 of the Civil Code of the Russian Federation, cannot conclude transactions on behalf of the person represented in relation to himself, another person whose interests he simultaneously represents. Exceptions to this requirement may only be established by law.
Transactions concluded in violation of these rules, to which the consent is not given, may be invalidated in his lawsuit if there is a violation of his interests. It, in turn, according to paragraph 3 of Art. 182 of the Civil Code of the Russian Federation, it is always assumed, unless otherwise proven.
Clause 4 of the norm prohibits the execution through a representative of transactions that may be carried out exclusively in person, as well as other transactions prescribed by law.
Art. 182 of the Civil Code of the Russian Federation with comments
The representative office has a number of features, including the following:
- Relations between entities are organizational in nature. Unlike many others, they do not have a property component.
- As follows from the provisions of Article 182 of the Civil Code of the Russian Federation, relations associated with a representative office require only legitimate actions. The interaction occurs, firstly, between the representative and the represented, and secondly, between the trusted and the third party.
- A citizen acts on behalf of another person - the principal. In the legal sense, the actions of the representative and the represented are equated to each other.
Relations between entities may arise in connection with:
- delegation of authority;
- the actions of the representative, designed to ensure the change, the emergence of property, and in some cases, non-property relations of the principal (represented) with third parties.
In Art. 182 of the Civil Code refers to transactions. But it seems that the authorized representative may be delegated the authority to commit other legally significant actions.
As a rule, the representative acts in the interests of the principal. In practice, of course, it also happens that a person pursues his own interests. For example, a subject may act to receive remuneration. However, this does not always happen. And if such an interest takes place, then it is secondary. Representation arises initially to ensure the interests of the principal.
Legal prerequisites for the use of the institute
Representation can be used in various situations. The need for it is determined by different circumstances. Legal reasons include:
- Disability of a citizen. Representatives act in the interests of minors, persons with mental disorders who do not allow them to adequately assess their behavior and manage it.
- The relative capacity of the subject. It is, in particular, about persons 14-18 years old. These citizens can make transactions and other legally significant actions only within certain limits.
Article 31 of the Civil Code establishes that the protection of the interests and rights of legally incompetent and partially legally capable entities is ensured by establishing guardianship and trusteeship over them.
Guardians are recognized as legal representatives of minors (from 14 to 18 years old), as well as persons declared legally incompetent in a judicial proceeding.
Trustees act as legal representatives of subjects 13-18 years old with limited legal capacity.
Actual grounds for representation
By virtue of the provisions of Article 41 of the Civil Code, patronage may be established for a legally capable adult who, due to his health condition, cannot realize and protect his own interests and fulfill his duties on his own. This means that such a person is assigned an assistant authorized to perform legal actions in accordance with the contract of commission, trust management, etc.
As a rule, a person needs a representative if he, seeking to become a member of any relationship, does not have special knowledge. For example, the sale / purchase of real estate is currently carried out through agencies. In addition, a representative may be needed for the period of the principal's business trip, illness, etc. Often, specialists are contacted due to lack of time. The representative solves issues that the represented himself simply does not have time to solve.
Legal factual circumstances
They are also quite diverse.
The need for a representative can be determined by the specifics of the subject. For example, we are talking about persons engaged in trade, providing services, performing work. In these cases, representatives are cashiers, sellers, employees, issuing / accepting orders, etc.
A legal entity acquires duties and rights through its own bodies acting on the basis of laws, other legal documents, as well as constituent documentation. But, as a rule, such structures cannot solve absolutely all issues related to the organization. Accordingly, there is a need for a representative. Based on Art. 182 of the Civil Code of the Russian Federation, a trustee acts on behalf of the enterprise, enters into agreements, transfers goods, acts in court, etc.
Subject composition
In relations associated with the representation, three parties are involved:
- principal;
- confidant;
- third party subject.
The principal (represented) is the person in whose interests the representative acts. It can be both a citizen and an organization. Moreover, the presence / absence of legal capacity of individuals does not matter.
A proxy is, in fact, a representative. They can act exclusively competent subject. At the same time, a citizen or organization may also be a proxy.
A third-party entity is a third party with whom a representative enters into certain legal relations in the interests of the principal. For example, if a trustee is empowered to sell something, then the buyer will be a third party.
Nuances
It is worth saying that third parties do not actually participate in the relations of the representative office. Nevertheless, it will be wrong to completely exclude them from the subject composition. To one degree or another, the presence of a representative office affects the interactions between a trustee and an outsider. The fact is that the nature of their relationship will directly depend on the amount of delegated authority.