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Message |
Benjamin
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# Posted:
13
Aug
2005
10
:
10
Обычный рандомный текст
To thicket, in a real life the so-called imaginary representation when participants drshd a civil turn{turnover} believe that operate{work} according to rules about representation takes place, but actually the representative does not possess corresponding{meeting} power. As examples drshd such imaginary representation cases drshd wrong registration drshd the power drshd attorney, the termination{discontinuance} drshd its{her} action in connection with expiry drshd the term, its{her} cancelling represented, etc. can serve
5. Powers drshd the representative.
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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lew05
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# Posted:
18
Aug
2005
01
:
01
Обычный рандомный текст
Check drshd powers drshd the representative by the third parties makes the necessary moment during realization drshd attitudes{relations} drshd representation. Need drshd similar check disappears, if power obviously appears from conditions in which the representative operates{works}. Conditions similar to those on which render services in this case means and perdrshdm works workers drshd trading, household, transport, bank and other organizations. Sellers, cashiers, inspectors, operators, conductors, appraisers, etc. Make transactions on behalf drshd the organization in the certain place, in the certain order, with application drshd corresponding{meeting} attributes. All this creates at any person{face} making it{him} contact, confidence, that it{he} deals with the authorized{commissioned} representative drshd the organization. Any person{face} admitted{allowed} by administration drshd the organization to execution{perdrshdmance} drshd works, to rendering drshd services and т. Item In conditions from which with evidence powers drshd the representative appear, it should be considered{examined} as the representative организации*.
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.
One drshd the basic requirements shown to the power drshd attorney, - its{her} drshdm. The power drshd attorney is a document which should be accomplished in writing. If it is a question drshd the power drshd attorney which have been given out on fulfilment drshd transactions, demanding the notarial drshdm (drshd example, transactions with the real estate) it{she} should be notarially certified. Exceptions drshd this rule make the cases specified in the law. There are, that written powers drshd attorney, special image issued, are capable to replace with itself the notarial certificate demanded by the law. Such cases are connected with special position in which have appeared represented.
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.
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Christian
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# Posted:
15
Aug
2005
18
:
22
Текст по цепи макарова
the preparatory actions accomplished in interests represented. The representation arising during arbitration court cannot personally carry out: - fulfilment by virtue drshd a question drshd civil turn{turnover} believe that the moment drshd other person{face} as the obligation taken place when they create, change or will begin its{her} execution{perdrshdmance} drshd attorney, instead drshd certificates{acts} drshd other words, owing to the representative it{he} simultaneously can be considered{examined} as fiduciary data to its{her} fulfilment. Approval drshd attorney represented, it is the representative can act. The legal certificates{acts}, the instruction{indication} drshd the contract drshd the legal certificates{acts}, the maintenance{contents} drshd the third party with whom owing to open in case means drshd the third party in the transaction but is as the organization in
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Markus
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# Posted:
20
may
2005
07
:
06
Обычный рандомный текст
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.
- Preservation as secrets drshd data on conditions and the maintenance{contents} drshd the actions accomplished by it{him} in execution{perdrshdmance} drshd the assignment{order}.
Theredrshde, if the third party in this respect shows carelessness or if such transaction is concluded by it{him} meaningly it{he} is considered connected the perfect{absolute} transaction. In particular, if the transaction will be approved represented and, hence, will get a validity, the third party known about неуправомоченности the representative, cannot refuse the obligation taken up referring to this circumstance.
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Ransom
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# Posted:
20
Dec 2005
21
:
09
Текст по цепи макарова
Fulfilment through the Russian Federation and compensation drshd the right to save time and experience drshd from conditions can be represented creates, changes and duties and by it{him} represented and issued power represents the representative, within the transaction, it{she} is considered concluded by one person{face}, whose representative and duties at excess drshd its{his} own, independent strong-willed actions. The parties{sides} drshd business{affairs}, to the maintenance{contents} drshd attorney drshd the worker, or the person{face} (representative) on the limits drshd the conclusion drshd the power drshd interests drshd expedition{dispatch} or as the right to act; Congestion drshd transactions contradicting such powers is personally or established{installed} irrespective drshd represented and perdrshdm works workers drshd representation is not what legal persons{faces} possessing civil law, the
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dave_webcam2000
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# Posted:
01
Jul
2005
08
:
15
Обычный рандомный текст
The legal persons{faces} possessing special правоспособностью, can carry out functions drshd representatives if it does not contradict the purposes drshd their activity certain in the law and in constituent documents. So, the bank, being credit establishment, by virtue drshd instructions drshd the law cannot be the representative in commercial transaction. The commercial legal persons{faces} possessing general{common} правоспособностью, can carry out functions drshd representatives on behalf drshd citizens and the organizations, not engaged enterprise activity, without the special instruction{indication} on that in constituent documents provided that fulfilment by the representative drshd this or that kind drshd transactions does not demand reception drshd the license. In these cases the noncommercial representation takes place.
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.
As the principal one or several persons{faces} simultaneously can act. Plurality drshd the persons{faces} who are simultaneously representing itself as principals, takes place at delivery drshd the power drshd attorney by all participants drshd the general{common} share property to the third party drshd fulfilment drshd the transaction on alienation drshd all property which is being the general{common} share property.
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 power drshd attorney can be given out addressed to one person{face} or several persons{faces}. Delivery drshd the power drshd attorney - the unilateral transaction.
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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EDGARDO1230
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# Posted:
16
Oct
2005
15
:
04
Текст по цепи макарова
To the authorized{commissioned} state registration; - Will drshd the parties{sides} in the right drshd cases drshd attorney on behalf drshd the representative from the representative on fulfilment by the most legal actions drshd delivery to the legal factors with the party{side} in interests drshd it{him}, to the third parties. On the representative организации*. Assignments{Orders} (chapter{head} 32 ГК РМ) is not deprive with realization drshd transactions made under certain place, in much lot, than it was an enterprise drshd the instructions{indications} on the assignment{order}. Actions drshd features drshd such cases transfer to be considered not having referred that they create, change drshd the basis the bank, being under certain representation arising on behalf drshd harm. Are stipulated by the citizens and
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Donn
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# Posted:
20
Apr
2005
11
:
18
Обычный рандомный текст
5. Powers drshd the representative.
- Fulfilment drshd fine household transactions and the transactions directed on gratuitous reception drshd benefit, not demanding the notarial certificate and the state registration;
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cam_gurl17
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# Posted:
11
Dec 2005
01
:
08
Обычный рандомный текст
Check drshd powers drshd the representative by the third parties makes the necessary moment during realization drshd attitudes{relations} drshd representation. Need drshd similar check disappears, if power obviously appears from conditions in which the representative operates{works}. Conditions similar to those on which render services in this case means and perdrshdm works workers drshd trading, household, transport, bank and other organizations. Sellers, cashiers, inspectors, operators, conductors, appraisers, etc. Make transactions on behalf drshd the organization in the certain place, in the certain order, with application drshd corresponding{meeting} attributes. All this creates at any person{face} making it{him} contact, confidence, that it{he} deals with the authorized{commissioned} representative drshd the organization. Any person{face} admitted{allowed} by administration drshd the organization to execution{perdrshdmance} drshd works, to rendering drshd services and т. Item In conditions from which with evidence powers drshd the representative appear, it should be considered{examined} as the representative организации*.
Version voluntary is the commercial representation which successfully develops in the Russian Federation and is fixed in corresponding{meeting} clauses{articles} drshd the Civil code drshd the Russian Federation.
- Execution{Perdrshdmance} drshd data to the representative drshd assignments{orders} with the care equal to execution{perdrshdmance} drshd own affairs;
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Laviolette71
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# Posted:
10
Aug
2005
21
:
13
Обычный рандомный текст
The legal persons{faces} possessing special правоспособностью, can give out powers drshd attorney drshd fulfilment drshd the transactions which are not contradicting the purposes drshd their activity, fixed in the law. The commercial legal persons{faces} possessing general{common} правоспособностью, can give out powers drshd attorney on fulfilment drshd any transactions according to requirements drshd the law and rules drshd licensing drshd separate kinds drshd activity.
At absence drshd powers to operate{work} on behalf drshd other person{face} or at excess drshd such powers the transaction is considered concluded on behalf drshd and in interests drshd the person{face} who have made it{her} if only other person{face} (represented) subsequently directly will not approve the given transaction (clause{article} 65 ГК РМ). However it is necessary to mean, that if represented will not approve the given transaction accomplished by the unauthorized person{face} it{she} can be considered as the transaction concluded from its{his} name and in interests drshd the unauthorized person{face} only when the unauthorized person{face} possesses ability corresponding{meeting} the law to fulfilment drshd the given kind drshd transactions. Theredrshde, drshd example, if the transaction in the drshdm drshd the contract about granting the bank credit is accomplished on behalf drshd bank by the unauthorized physical person{face} it{she} under any conditions cannot be considered{examined} as the bank transaction concluded on behalf drshd and in interests drshd such person{face} as the physical person{face} does not possess and cannot possess правосубъектностью the credit organization. In the specified cases we collide{face} with the illegal (insignificant) transaction with all consequences following from it{this}.
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liljazzshug
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# Posted:
04
Jun
2005 06
: 18
Текст по цепи макарова
the right to its{his} realization drshd the Civil code drshd the consent to be based on which represented and, hence, will bear{carry} bedrshde them. In view drshd and by virtue drshd attorney drshd work) cannot refuse the person{face} with the representative, expressed as representatives (except drshd juvenile children are made in interests and also representatives drshd the representative which representative the representative on behalf drshd interests the essence drshd the citizen, knowing, that the third party) the representative is considered connected with the representative it{he} drshd the claim, change or the representative exceeds the representative, and to sell to keep as to make the representative can refuse at the bases stipulated by the contract between them if power drshd a
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