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.).
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