PROBLEMS OF THE CONCLUSION OF DEALS WITH DEFECT OF VOLITION BY A REPRESENTATIVE
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
In the article the author considers issue of the possibility of concluding by the representative transactions with defects of will. The main attention is paid to the issue of the presence of a representative of the independent will to conclude a transaction. After considering the problem, related to the will of the representative, the author notes that not in all cases, the principal knows exactly which deal directly with whom he wants to get laid. It is for this and are turning to professionals in a particular field of knowledge, which, using their skills and experience, and placed the right deal (this trend we can vividly see in the original real estate market, securities market, etc.). Secondly, the author notes that, if the representative is only limited to the transfer of the will of the principal, then for what purpose issuing powers of Attorney in the legal literature considering as fìdutsiary deal (deal with trust relationships). If a representative of the “authority of someone else’s will”, then the special trust relationship if it has no a priori right to make anything to “own” the process of making a deal. The author comes to the conclusion that if the representative is only an expression (body of) someone else’s will, then the need for fìdutsiary relations completely eliminates, which is contrary to the theory of representation. Examining a variety of approaches to the question of the will of the representative when making a transaction, the author comes to the conclusion that the person of the representative has an independent will to conclude a transaction. This will likewise with the will of the principal can be illegal efforts from the side of other party of a contract or third-parties. That is, his will also be able to have the defects that will be a real reason for going to court to demand the recognition of the transaction null and void. In whole, different opinions of the scientists are researching and analyzing from this matter. It was determined the presence of self-dependent will of representative at the concluding of transaction.
Authors and Affiliations
Ігор Анатолійович Лавріненко
Keywords
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