Representation In Legal Transactions
Representation in Legal Transactions
1- Nature and Types of Representation:
When performing a legal transaction, it is possible for persons to perform this transaction through an intermediary. Because the person may not be in a position to perform every legal transaction himself/herself. For example, the person may be in another place or a guardian may be appointed to the person. Representation is the relationship underlying the power of attorney contract. Representation authority is established by the unilateral declaration of will of the represented. There are three persons in the representation relationship.
The represented The person for whom a legal transaction is made.
Representative (representative): The person who performs the legal transaction for the represented. The agent reflects the will of the person represented to third parties.
Third party: It is the person with whom the agent makes a legal transaction for the represented.
Representation is divided into two as indirect and direct representation.
A- Direct (Unmediated, Direct) Representation:
In direct representation, the representative makes a legal transaction by acting on behalf and account of the represented. In direct representation, the third person knows that the person who makes a contract with him is the representative. In other words, the representative says that he/she performs the transaction for someone else. For example, if A, while renting a house for his friend B, tells the landlord that he rents this house for his friend A, direct representation is in question.
B- Indirect (Instrumental) Representation:
In indirect representation, the representative makes a legal transaction by acting on his own behalf and on behalf of the represented person. In indirect representation, the third person does not know that the person who makes a contract with him is the representative. In other words, the representative does not say that the transaction is for someone else. For example, if A, while renting a house for his friend B, does not tell the landlord that he rents this house for his friend, indirect representation is in question.
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