Many types of transactions can not be made in person holder of a right, as his representative. Thus, in accordance with Part 1, Art. 182 of the Civil Code (hereinafter – the Civil Code), a transaction made by the representative, directly create, modify and terminate civil rights and obligations of, and not representative. In some cases this is due to the desire of the person represented. A classic example – one individual in writing authorize another individual to commit the transaction, ie, as they say in these situations, "giving power of attorney." This may be due to unwillingness or inability to present owner in the transaction. In other cases based on the law office. So, for example, for minors under the age of fourteen years (minors), deals with a few exceptions, can make on behalf of and in the interests of young Only his parents, adoptive parents or guardians (part 1 of article. 28 Civil Code).
In this situation, the willingness or unwillingness to make a minor deal, as it may sound cynical, legally nothing depends. If the transaction is made in respect of legal entity, without representation, by definition, indispensable. Entity – is an abstract concept. It can not itself sign a document confirming the transaction. Naturally, in this case on behalf of the entity signature puts the average person, a person properly authorized legal entity for committing the transaction. The credentials representative of an individual are: – The power of attorney (in most cases – a notarized) – trust management contract – a contract of agency – an agency contract – a certificate issued organs of civil status (birth certificate – for parents of minors, certificate of adoption – adoptive parents for minors) – permit a guardian or trustee, issued by the authority of guardianship – the decision of the guardianship and custody of the appointment of a guardian or trustee – a contract to transfer the juvenile to be raised in a family) – the constituent or any other established applicable law, documents the legal entity that is a guardian or trustee (educational, training institutes, institutions of social security and other similar institutions), and documents credentials of the representative of the legal person.