Often there are situations when a citizenit is necessary to conclude any transactions, but due to circumstances, it can not implement them independently. So, for example, if you need to sell real estate, a citizen can either personally carry out a transaction, or authorize another person to do so because of his absence at the location of this property or simply because he does not want to deal with the registration. In this case, a contract of commission for the sale of real estate is drawn up. You can also commission other legal actions in the same way.
What is a contract of commission?
According to him, an attorney whorepresents the interests of the principal, carries out legally significant actions on his behalf, as a result of which certain rights and duties arise. The contract defines only internal relations of the parties, therefore, as a rule, the attorney is given a power of attorney confirming his authority. The term of the power of attorney can not exceed three years, if it is not specified, it is valid for a year. Parties to the contract may be not only physical, but also legal entities.
Decor
The contract of commission may be concluded either verbally or in writing and must comply with the law, taking into account the general requirements on the form of transactions contained in the Civil Code.
If he is written, then in detailthe rights and obligations of the parties to the contract, the term for which it is concluded, the cost of services (if they are not gratuitous) are prescribed. Due to the fact that the actions of the attorney will entail certain legal consequences, it is advisable to apply for legal assistance to an experienced specialist when drafting the contract.
Purpose and procedure of implementation
The contract of commission is made only forthe commission of legal actions, for example, to conclude a bargain or to hold a lawyer at the trial. It can not be drawn up for actual actions, for example, repair, packing, etc.
Nevertheless, some actual actions may be necessary, for example, travel, inquiries, inspection, etc. They are also subject of the contract, since they are auxiliary.
The Attorney can not be authorized to do anythinglegal actions. For example, he can not marry a client, make a will, enter into a labor contract, exercise parental rights. In addition, he can not be authorized to commit an illegal transaction.
The attorney does not have the right to make transactions inrespect for himself, as well as for another person, whose representative he is also. When the transaction is performed to the detriment of the principal and by malicious intent, it can be recognized as invalid.
The contract of commission must contain lawful,feasible and specific instructions. The attorney may withdraw from them in the interests of the principal if he could not request an answer in advance or did not receive it in a reasonable time. In this situation, he must notify him at the earliest opportunity.
All the attorney obtained from third parties mustto transfer to the trustee, and that - to accept execution of the order and to compensate the costs which have arisen in connection with execution. This can be the payment of a hotel, travel expenses, etc.
Types of contracts
Depending on the transaction that is requiredIn conclusion, it is possible to single out: the contract of commission for the provision of services, the sale and purchase of movable and immovable property, the registration of export-import transactions, the acceptance of works and goods, etc. Legal actions associated with such transactions often require certain professional knowledge that the client himself always has. For this reason, in addition to the fact that the attorney represents his interests, he still can have this knowledge and correctly dispose of the rights and property granted to him.
Termination
The contract of assignment can be terminated in connection with the refusal of the attorney, the cancellation by the principal of the instruction, the death of one of the parties, the recognition as incompetent or missing.
