Юридический полис деятельности на сегодняшний The day is well developed. Because law is the main regulator of public relations. This fact shows a high level of social progress. It is worth noting that the right was not always a key regulator. Violence and religion were his predecessors. But time has proved the ineffectiveness of these categories in the context of regulating the activities of people. The bottom line is that violence acts only on the weak in spirit, and only believers perceive religion. In turn, law is the basis of any human activity.
This factor has caused the appearance of enoughinteresting legal institutions that operate to this day. For example, very often a person, due to his busy life or lack of a real opportunity, cannot properly perform any actions. Therefore, he delegates a part of his functions and capabilities to another person on the basis of a specific legal institution, which describes the Civil Code in detail. Power of attorney and representation are thus key categories in this case. They have their own specific implementation, which will be described in more detail later in the article.
Representation concept
Before dealing with the featurespower of attorney and its immediate purpose, it is necessary to analyze the relationship itself, in which the category actually exists. Such today is the representation. According to its structure and objectives, this kind of relationship is quite simple. According to the provisions of current legislation and some doctrinal judgments, representation is the process of committing any actions by one person on behalf of another, which has delegated its capabilities. This legal institute originated and develops in civil law. Its existence determines the sectoral principles of equality of the parties and disposition.
Types of representation
There are many classifications.the above institute. But the most correct and accurate is the differentiation based on the provisions of legislative acts, in particular, the Civil Code of the Russian Federation. Thus, we can distinguish two key types of the above-mentioned institute, namely:
- representation by law;
- representation on the basis of the contract.
The first kind implies the existence andthe action of the institute without any legal facts. For example, legal representatives are parents for their young children, guardians for incapacitated people, etc. As for the second type of institution, its existence is due to an important legal fact - the conclusion of a contract. In other words, one person delegates his rights to another person. Contracts of this kind are called powers of attorney. Their key statements and features enshrines the civil code. The power of attorney in this case is endowed with a large number of specific points that must be considered.
Civil Code: Power of Attorney
So, we found out that there isrepresentation by law and contract. The power of attorney in this case characterizes the second type of the said institution. But what is this category? According to Article 185 of the Civil Code of the Russian Federation, a power of attorney is a written authorization granted by one person to another. Based on this document, the rights and obligations are delegated. The main feature of the power of attorney is the fact that it can be issued both to legal entities and individuals, as indicated by the civil code of the Russian Federation. The power of attorney, therefore, is a specific one-sided attitude, for the realization of which only one side of the expression of will is sufficient.
Types of legal document
Like many legal categories, power of attorneycan be divided into several related institutions. The classification is carried out on the basis of the latitude of the powers transferred. In general, this species separation is the only and most true. In accordance with it, the following types of powers of attorney are distinguished, namely:
- special;
- one-time;
- general or common.
It is worth noting that the concepts of these types are notcontains in its provisions the Civil Code of the Russian Federation. The power of attorney of each type is derived doctrinally, by studying the institute of representation as a whole. At the same time, the peculiarities of each type make it possible to identify the most interesting and specific moments of the category indicated in this article.
Characteristics of a single power of attorney
The easiest way to delegate your ownrights in the civil industry is a one-time document. A power of attorney of this kind is the basis for performing one significant action and no more. In other words, special legal frameworks are created that allow a representative to work directly on any one line. An example of such actions by proxy is the sale of a thing, the receipt, the sale of goods, etc.
Characteristics of a special power of attorney
Совершенно другим типом делегирования прав is a special type of document. Such powers of attorney are also characterized by the presence of a strict framework, however, they imply the performance of any actions over a certain amount of time. Such documents are popular in the environment of the implementation of systematic deliveries of goods, delivery of money from the cashier, etc.
Characteristics of the general power of attorney
The Civil Code, the power of attorney in which constitutes the system of key institutions, does not provide a detailed analysis of the general delegation of certain rights and obligations.
Однако существование генерального вида, опять же, It was derived in the doctrine. A power of attorney of this kind is issued so that a person can make certain transactions with property in the process of managing it. That is, we are not talking about a single line of action, as is the case with special delegation, but about an exclusive system of rights for the implementation of operational, trade and administrative-economic purposes. Representatives of this kind are free in the conclusion of any contracts, as well as in the implementation of other legal relations in the interests of the object of management entrusted to them. General Power of Attorney gives representatives the largest range of rights.
Institute of Trust
It should be noted that the 187 article of attorney inCivil Code implies the possibility of transferring the entrusted rights and obligations. Such an institution is called a pledge. According to its provisions, a person who has already received an authorizing document may transfer his obligations and rights to a third party. In other words, the subject of the relationship is replaced. The institute of trust is not very popular today. However, its existence is necessary, because it embodies the essence of the disposition of civil law.
Legal certification of power of attorney
The transfer of rights andResponsibilities implemented in simple writing. However, there are a number of cases where the power of attorney must have a qualified appearance. An exhaustive list of such moments gives the Civil Code. A notarized power of attorney is thus issued in the following cases:
- the representative is authorized to carry out transactions for which the notarial form is obligatory;
- a power of attorney is issued to apply for registration of certain rights or transactions;
- power of attorney is issued for the disposal of rights registered in public registries in accordance with the procedure established by law.
In all the cases presented, the document delegating the rights and obligations must be certified by a special notarial inscription.
Civil Code: term of attorney
Quite a small percentage of contractsis for an unlimited period of time. As a rule, there is a certain period of validity of any legal relationship. The delegating document is not an exception in this matter, as indicated by the Civil Code. The power of attorney is executed according to the general rules for no more than three years. In this case, the exact term of its validity must be specified in the contract itself. Otherwise, the power of attorney will be valid only for one year.
It should be noted that it is extremely important.specific date of establishment of the power of attorney. The conclusion of the document will not be possible without this props. Article 186 of the Civil Code of the Russian Federation states that in the absence of a date, the power of attorney will be invalid. The importance of the props is that it is with its help you can correctly calculate the validity of the power of attorney. As for the documents issued on the basis of the transfer, their term in no way can be large, the specified period of time in the title power of attorney, that is, the main one.
Conclusion
So, we have reviewed the main points of the relationshipdelegations that were taken from a document such as the Civil Code of the Russian Federation. The article "The Power of Attorney" gave an exhaustive number of explanations about the features of the legal relationship, as well as the mechanism of its creation, functioning and termination.
