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Representacion Legal En El Codigo Civil

Posted 28. November 2022 by Logistik-Express in Allgemein

As can be seen from the relevant provisions of the Civil Code, legal representation is based on the need to supplement the capacity of those who have restricted it by force majeure (minors, insane, deaf-mute) or by the Ministry of Justice (absentee, married wife, lost persons, actions for injunction), so that they are not prejudiced in their person or interests, because there is proper management and government about them is lacking. Legal representation says Mucius Scaevola in doing. If the chairman of a board of directors is unable to attend, he may designate a legal representative to represent him, act on his behalf and take decisions. Legal representation is generally distinguished from contractual representation (because it results from the contract of (mandate)). Depending on the terminology of different legal systems, it may or may not cover the case of representation delegated by the courts under the law. Thus, the representation of the orphaned minor by a court-appointed guardian may also be considered a matter of legal representation or another category of judicial representation. Representation originates in an express or tacit expression of will, which gives rise to the legal status of the mandate (Articles 1.709 and 1.710) or in the teaching of the law. In this case, the representation is qualified as legal, necessary or forced. Representation may be granted by law or by the will of the party represented by the legal authorization transaction. The first acceptance is legal representation and the second is voluntary. The distinction between the two follows from Article 1259(1) of the Civil Code, which states that `no one may conclude contracts on behalf of another person without his authorisation to do so or without legal representation`. That is, the legal representative is the one who looks after the interests of others and instead makes decisions with legal implications. It distinguishes the two forms of representation from their respective foundations.

In the voluntary case, the representative replaces a representative of full capacity if he is unwilling or unable to act personally; In legal representation, on the other hand, the representative compensates for the represented person`s inability to act, which prevents him from bringing legal action himself. The legal representations evaluated in the Civil Code are as follows: The main characteristics of the legal representative are as follows: Article 1.259 of the Civil Code warns against this dual source from which representation can come, since it stipulates that “no one may conclude contracts on behalf of another person without his authorization or without having legal representation”. Legal representation is the power granted by law to a person to act on behalf of another person, which has the effects of those acts. The exercise of such representation may be mandatory for the representative. Similarly, a public official who, for exceptional reasons, is unable to perform a public function but legally holds a public function, may appoint legal representatives to act in administrative decisions. A typical example of legal representation is the representation of minor children by their parents on the basis of parental authority. [Note 1] [1] [2] Legal representative is the person who acts in the interest and on behalf of another person and who has an impact on that person`s legal relationship (the represented person). As a general rule, the law means that no one can legally act on behalf of another person, but the figure of legal representation is the exception. Both types of voluntary and legal representation are accompanied by the characteristics that the representative acts within the limits of delegated representation in the performance of a legal act andPage 193 that he does so at the expense and on behalf of the represented person (alieno nomine), since only in this way does representation fulfil its essential purpose and function, bind the representative to the third party with whom he has concluded a contract; Through such fiction, the personalities of representatives and models merge in terms of such an absolute identity that some authors have been able to rationally limit that there are two different people and one true personality in the representation. Institutions such as parental authority, guardianship, judicial defenders, defenders of the disappeared and representatives of the absentee are cases of legal representation.

Legal representatives, on the other hand, are neither those acting as organs on behalf of a legal person, nor are administrators of the insolvency or insolvency estate. It is generally an institution through which a legal entity designated as representative adopts, adopts and maintains the personality of another person, called to represent, in order to perform an act in the name of that act as if it had done so. Several jurists argue that, strictly speaking, since the will is the actual cause of legal acts, representation cannot be authorized, since the will must be declared by the person concerned himself, but the life of relationship, economic activity and social needs, in short, impose representation as an indispensable institution for the life of the law in such obvious terms. which needed to be incorporated into all modern legal systems.

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