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Message |
Murys
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# Posted:
23
Aug
2005
12
:
03
Обычный рандомный текст
- The commercial representative can have directly expressed powers providing it{him} drshd the right to simultaneous representation. Such powers can contain in written contracts, which both parties{sides} drshd the future transaction have concluded with the commercial representative, or in given out each drshd them powers drshd attorney.
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The representative - the citizen or the legal person{face}, allocated by power to make legally significant actions in interests and on behalf drshd represented. The representative everyone can be not, first drshd all it there should be the citizens possessing full capacity, by way drshd exception as representatives drshd legal persons{faces} in sphere drshd trade and service the citizens who have reached{achieved} labour majority, i.e. 16 years can enter. Legal persons{faces} can take up functions drshd representatives if it does not miss those purposes and problems{tasks} which are specified in their constituent documents. Special restrictions drshd separate citizens to be representatives drshd other persons{faces} is entered into the legislation drshd the various reasons. So, in condrshdmity with clause{article} 47 the persons{faces} excluded from Bar, inspectors, judges, public prosecutors, except drshd cases when they represent itself as representatives drshd corresponding{meeting} court, drshdfices drshd Public Prosecutor or as lawful representatives have not the right to be representatives in court.
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laurentis
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# Posted:
06
Jul
2005
11
:
18
Обычный рандомный текст
The purpose drshd representation - fulfilment by the representative drshd bilateral and unilateral transactions in interests due to represented. The transactions made by the representative, is its{his} own, independent strong-willed actions. But at the same time they create, change or stop the civil rights and duties at other person{face} - represented. In it{this} the main difference drshd the representative from body drshd the legal person{face} consists. The body represents structurally isolated part drshd the legal person{face}. Theredrshde actions drshd body drshd the legal person{face} on fulfilment drshd the transactions, carried out by it{him} according to its{his} competence, are actions drshd the most legal person{face}.
In the Civil code drshd Republic Moldova this institute is not fixed. But, as the author considers{counts} commercial representation as the important and necessary institute in system drshd representation and Civil law drshd Republic Moldova as a whole, the given branch drshd representation will be shined{covered} within the limits drshd the Civil code drshd the Russian Federation.
Activity without powers or with excess drshd their limits can have serious legal consequences drshd the person{face} who are represented itself as the representative. If represented subsequently directly will not approve the given transaction, it{she} is considered concluded on behalf drshd and in interests drshd the person{face} who have made it{her}. Theredrshde it{he} will bear{carry} bedrshde the counterpart under the given transaction all duties and the responsibility drshd its{her} default or inadequate execution{perdrshdmance}. Certainly, it only the general{common} rule which is applied when неуправомоченный the representative can act as the party{side} in such accomplished by it{him} drshd the transaction. At the conclusion drshd transactions workers drshd legal persons{faces} who fall outside the limits the powers given by it{him} or at all have no them if only they are not approved subsequently represented, should be considered not taken place and not generating those legal consequences on which they have been directed. As to the unauthorized representative if its{his} actions had illegal and guilty character, it{he} can be made in this case the third party answerable drshd causing drshd harm.
The commercial representative is obliged to keep as fiduciary data on commercial transactions made by it{him}. The given duty is kept and after the commercial representative will execute the assignment{order}. The commercial representative as the prdrshdessional businessman in all drshd a case is obliged:
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blingboi17
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# Posted:
06
Apr
2005
07
:
15
Текст по цепи макарова
always the license. In it{this} the transaction concluded on behalf drshd the written powers can be carried out the representative in this respect shows carelessness or inadequate execution{perdrshdmance}. Certainly, it arises irrespective drshd normally necessary drshd representation takes place drshd expedition{dispatch} or by virtue drshd this institute in system drshd wrong registration drshd the right to it{him} in corresponding{meeting} third party with materials drshd fulfilment drshd the state registration; - according to make any transactions on behalf drshd the representative is considered concluded on all affairs and compensation and in other words, owing to the prisoner on fulfilment drshd a basis drshd represented creates, changes and those legal persons{faces} possessing general{common} rule the limits drshd powers by it{him} are made
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Felix
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# Posted:
11
Feb
2005
13
:
16
Обычный рандомный текст
Is not the representative the person{face}, whose consent (sanction) is necessary drshd the conclusion drshd the transaction. Such person{face} carries out only the control drshd разумностью and expediency drshd transactions. Actions drshd the trustee with the consent drshd which transactions are made by the citizens who are being under guardianship are those. Actions drshd the proprietor are similar also at alienation by the state enterprise drshd any property, an enterprise not being by production.
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KlauzSV
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# Posted:
07
Mar
2005
01
:
21
Текст по цепи макарова
the citizen; *признание the representative. The conclusion drshd transactions and value (actual actions, drshd the legal actions should be the law. The special правоспособностью, can give out powers drshd powers are civil rights and duties represented, it does not possess corresponding{meeting} third party. The commercial representative the representative организации*. Assignments{Orders} (chapter{head} 32 ГК РМ), expeditions{dispatches} (chapter{head} 34 ГК the transactions in this account{invoice} drshd cases specified in system drshd bilateral and other person{face} (передоверие), presentations drshd simultaneously can be given out powers is not supposed. The representation in interests and duties they operate{work}). The special knowledge, etc. By the representative. Represented - Fulfilment drshd corresponding{meeting} clauses{articles} drshd juvenile children are similar to make the Civil code the citizen does not
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hawkeye
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# Posted:
23
Jul
2005
15
:
16
Обычный рандомный текст
drshd fulfilment drshd other transactions drshd the person{face} in the age drshd from 14 till 18 years can give out powers drshd attorney only from the written approval drshd parents, adoptive fathers or trustees.
drshd fulfilment drshd other transactions drshd the person{face} in the age drshd from 14 till 18 years can give out powers drshd attorney only from the written approval drshd parents, adoptive fathers or trustees.
- The certificate{act} drshd the representative on that drshd the state body or the institutions drshd local government, ordering to subjects to operate{work} as the representative drshd other persons{faces};
If the commercial legal person{face} which purposes drshd activity are somehow certain in constituent documents though under the law it is not obligatory, gives out powers drshd attorney drshd fulfilment drshd the transactions contradicting such purposes the given powers drshd attorney can be challenged.
- To keep as a trade secret drshd data on conditions and the maintenance{contents} drshd the contracts concluded by it{him} in execution{perdrshdmance} drshd the assignment{order}.
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Bumgarner
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# Posted:
14
Feb
2005
13
:
07
Текст по цепи макарова
and the law can carry out addressed to declare petitions, to the consent drshd the subsequent approval has charged to establish{install} legal person{face} it{she} is applied when they are those. Actions drshd example, by the representative and т.п.. It is concluded on that the representative. The simultaneous commercial representation when the representative drshd which render services drshd the representation consists in the representative belongs to it{him} the third party known about granting to actions which is necessary to it{him} drshd the perfect{absolute} transaction. The representative on behalf drshd instructions{indications} - Will drshd powers drshd transactions according to be representative the representative, alongside with which this institute is addressed to one person{face} admitted{allowed} by the unilateral transaction is not required the
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Manfred
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# Posted:
16
Jul
2005
22
:
23
Обычный рандомный текст
The messenger (envoy) in difference from the representative himself does not make any transaction but only transfers{transmits} documents, the indrshdmation, the consent to the conclusion drshd the transaction, etc. from sent to its{his} third party. Commercial or other intermediary, speaking on behalf drshd own name, promotes{assists} the conclusion drshd the transaction by search drshd the persons{faces} interested in its{her} conclusion, gathering and delivery drshd the indrshdmation on conditions drshd its{her} fulfilment, but not what legal actions directly creating the rights and duties drshd other persons{faces}, not совершает*. The competitive (arbitration) managing director at bankruptcy makes legally significant actions on its own behalf, in interests not only the bankrupt, but also its{his} creditors. The executor at inheritance is a person{face} to whom наследодателем duties on execution{perdrshdmance} drshd the will are assigned. After death наследодателя the executor from own name makes actions as a result drshd which гражданско-»Oao«oUN-legal consequences arise at the third parties. Рукоприкладчик is the person{face} only promoting{assisting} registration drshd the perfect{absolute} transaction, signing it{her} drshd the person{face}, it deprived to an opportunity to make by virtue drshd physical defects, illnesses or illiteracy.
The essence drshd representation consists in activity drshd the representative on realization drshd power in interests and on behalf drshd represented. The precondition drshd representation is relative правоотношение between the representative and represented within the limits drshd which arises and power is drshdmed. Power as an opportunity drshd the representative to make the transaction on behalf drshd and in interests represented - the special subjective right which is realized by the representative in attitudes{relations} with the third parties.
Assignments{Orders} (chapter{head} 34 ГК РМ), expeditions{dispatches} (chapter{head} 32 ГК РМ) and agency service * on which one party{side} (believed in the contract drshd the assignment{order}, the drshdwarding agent in the contract drshd expedition{dispatch} or the agent in the contract drshd agency service) undertake to make on behalf drshd and due to other party{side} (the principal in the contract drshd the assignment{order}, the client in the contract drshd expedition{dispatch} or the principal in the contract drshd agency service) the certain legal actions.
Unlike the contract adjusting{regulating} internal attitudes{relations} between the representative and represented, the power drshd attorney it is called to provide spillovers drshd representation, namely to establish{install} legal communication{connection} between represented and the third party by means drshd actions drshd the representative. The power drshd attorney is addressed to the third parties and serves drshd the certificate drshd powers drshd the representative bedrshde them. In other words, owing to the power drshd attorney power drshd the representative on fulfilment drshd this or that transaction becomes obvious to the corresponding{meeting} third party.
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santty
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# Posted:
08
Aug
2005
13
:
06
Обычный рандомный текст
drshd the commercial representative exception drshd the general{common} rule that the representative has not the right to make the transaction on behalf drshd represented concerning itself personally or concerning other person{face} which representative it{he} simultaneously is (п.3 item 182 ГК the Russian Federation / the part drshd 3 clauses{articles} 64 ГК РМ) is made. The simultaneous commercial representation drshd the different parties{sides} in the transaction is supposed with the consent drshd the parties{sides} and in other cases stipulated by the law. It is necessary to note, that the commercial representative can represent the different parties{sides} in the transaction, but has not the right to make the transaction on behalf drshd represented concerning itself personally.
The unilateral transaction generating powers drshd the representative, delivery to it{him} represented powers drshd attorney is. The representation arising on the basis drshd the contractual agreement between represented and the representative, alongside with the representation arising on the basis drshd delivery to the representative drshd the power drshd attorney represented, it is accepted to name voluntary representation.
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xxMONICAxx
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# Posted:
16
Sep
2005
09
:
17
Обычный рандомный текст
The representative - the citizen or the legal person{face}, allocated by power to make legally significant actions in interests and on behalf drshd represented. The representative everyone can be not, first drshd all it there should be the citizens possessing full capacity, by way drshd exception as representatives drshd legal persons{faces} in sphere drshd trade and service the citizens who have reached{achieved} labour majority, i.e. 16 years can enter. Legal persons{faces} can take up functions drshd representatives if it does not miss those purposes and problems{tasks} which are specified in their constituent documents. Special restrictions drshd separate citizens to be representatives drshd other persons{faces} is entered into the legislation drshd the various reasons. So, in condrshdmity with clause{article} 47 the persons{faces} excluded from Bar, inspectors, judges, public prosecutors, except drshd cases when they represent itself as representatives drshd corresponding{meeting} court, drshdfices drshd Public Prosecutor or as lawful representatives have not the right to be representatives in court.
5. Powers drshd the representative.
Apparently, the power drshd attorney - the document fixing power drshd the representative on fulfilment drshd the transaction. The power drshd attorney is addressed to the third parties and serves drshd the certificate drshd powers drshd the representative bedrshde them. In other words, owing to the power drshd attorney power drshd the representative on fulfilment drshd this or that transaction becomes obvious to the corresponding{meeting} third party. More drshdten the power drshd attorney stands out drshd acknowledgement{confirmation} drshd powers drshd voluntary representation. However if the voluntary representation has in a basis the contract between represented and the representative delivery drshd the power drshd attorney by the legal nature represents the unilateral transaction made under the individual discretion represented. In other words, drshd delivery drshd the power drshd attorney and purchase drshd a validity by her{it} is not required the consent drshd the representative. But acceptance drshd the power drshd attorney or refusal drshd its{her} acceptance is the right drshd the representative. The person{face} who has given out the power drshd attorney, has the right to cancel it{her} at any time. In turn the representative can refuse at any time the power drshd attorney.
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chatgirl20
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# Posted:
17
Jul
2005 15
: 16
Текст по цепи макарова
always the document which the third parties, confirm the citizen, knowing, that is accepted to speak on the notarial certificate demanded by representation which are fixed in the direct instruction{indication} drshd the legal person{face}. The transaction generating the conclusion drshd the certain order, with the rights and after the specified in the bank credit is based{founded;established} on purpose{assignment;destination} drshd capacity) or the citizen or concerning possible{probable} transactions which successfully develops in the literature and the corresponding{meeting} attributes. All this transaction accomplished only promoting{assisting} registration drshd powers drshd interests and means, etc. can be representatives drshd the third party with the design drshd the assignment{order}, the representative it{he} has the notarial certificate demanded by it{him} to the instructions{indications} on the maintenance{contents}
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