Representation in Civil Law of Ukraine

Provisions aimed at regulating the representation contained in chapter 17 of the Civil Code of Ukraine.

Representation shall mean legal relations in which one party (representative) is obliged or entitled to conclude a transaction on behalf of the other party which it represents.

A person acting in the interests of another person, but on his/her own behalf, as well as a person authorized to negotiate for possible future transactions, shall not be a

representative.

Representation shall arise on the grounds of a contract, the law, the act of a body of a legal

person, or on other grounds established by acts of civil legislation.

Thus, Representation is characterized by the following features:

- Civil rights and obligations belong to a one person, but just done by another person;

- Representative commits certain legal actions (actual action representation does not cover);

- The representative does not act on his own behalf, but on behalf of another person;

- Representative works exclusively within his powers.

The value of representation is that it is through this institution entities are able to fully exercise their powers to protect the interests in court with the help of qualified lawyers. Through representation becomes possible to implement civil rights infirm persons, minors.

The need for representation due to the fact that the citizen does not always have the opportunity to personally receive wages, pensions, money orders, drive vehicles, dispose of property, to protect their interests in court, and the like. And in these cases need assistance of a representative.

A representative may be authorized to conclude only those transactions that the person

which he/she represents has the right to conclude.

A representative may not conclude a transaction, which, according to its contents, may be

concluded only personally by that person which he/she represents.

A representative cannot conclude a transaction on behalf of the person that he/she

representative for the sake of himself/herself, or of another person whom he/she represents

simultaneously, except for commercial representation, or regarding any other persons

established by the law.

There are the following types of representation:

Representation under the Law:

- Parents (adoptive parents) shall be the legitimate representatives of their infants and minors;

- A guardian shall be a legitimate representative of an infant and a natural person declared

Incapable;

-         In cases established by the law, other persons may be legitimate representatives.

Commercial Representation:

-         A commercial representative shall be a person who permanently and independently

Represents entrepreneurs at the conclusion of contracts in the sphere of businesses.

-         Simultaneous commercial representation of several parties to a transaction shall be

allowed with the consent of these parties and in other cases provided by the law.

-         The authority of a commercial representative may be confirmed by a written agreement

between him/her and a person that is represented, or by a proxy.

-         Specifics of commercial representation in particular fields of businesses shall be

established by the law.

Representation by Proxy:

-         Representation by proxy may be based on the act of a body of a legal person.

-         A proxy shall be a written document issued by one person to another for representation to the third parties.

-         A proxy to conclude a transaction by a representative may be granted by a person that is represented (by a trustee) directly to a third person.

A prerequisite of legal representative is the presence of his legal capacity. Therefore can not act as representatives of persons who have not attained the age of majority or are under guardianship or trusteeship. Prohibited from entering into transactions through a representative, which by their nature require the personal presence of the person (make a will, to enter into a contract of life maintenance, etc.).