Korotkov D.B. The Legal Nature of Representation
DOI: https://doi.org/10.15688/jvolsu5.2016.3.16
Dmitriy Borisovich Korotkov
Candidate of Juridical Sciences, Associate Professor, Department of Civil Law,
Perm State National Research University
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Bukireva St., 15, 614990 Perm, Russian Federation
Abstract. Representation as a civil matter for a long time attracted researchers due to its increased importance as one of the guarantors of the rights of subjects to participate freely in public circulation.
At the same time in the field of scientific research of legal representation there are certain stereotypes. We need the answers to questions that scientists have traditionally left out because of their seeming obviousness. Among researchers there is no unity in identifying the essence of legal representation. Thus, the doctrine lacks a holistic approach to the study of a representative of civil legal relations, highlighting the need for its formation.
As a result of the research the author concludes that a representation should be understood as the one regulated by civil law organizational and informational relations, in which there is realization by the representative of power to the commission of rights and obligations of the represented person. Accordingly, the stability of the closed set of rules governing this public attitude, will be referred to as the Institute of representation.
Key words: legal relationship, representation, legal and actual actions, powers, rights and obligations.