Home Commercial Law 12. Пълномощник.понятие.Упълномощаване.Обем Trade Representative vlast.Vidove

Home Commercial Law 12. Пълномощник.понятие.Упълномощаване.Обем Trade Representative vlast.Vidove dilandau commercial упълномощаване.Прекратяване. 12. Пълномощник.понятие.Упълномощаване.Обем Trade Representative vlast.Vidove commercial упълномощаване.Прекратяване. dilandau
Like the procurator, the commercial agent is also a person with authority to the merchant. His power is modest, it can only separate actions. Representative authority is determined by the merchant, not normative. Founded: going under the authorization itself, without the need to be entered in the commercial register. Becomes a form of reality - a written, notarized signatures. Representative power: depends on the content of the mandate. dilandau Principal trader is free to decide the representative power of attorney. Types of authorization: 1.General authorization - to perform any legal action associated with normal activities on offer. Suffice it to be formulated as "general", without describing the actions. General power of attorney does not give the right to: - Undertake a promissory liabilities; - Conducting real estate transactions; - Borrowing and bank loans; - Keeping processes (no procedural representative government). These restrictions can be removed with explicit dilandau authorization made in the form (for the second required writing with notarized signatures). 2. Specific authorization dilandau - allows for performing one or more specified dilandau categories of transactions. 3. Attorney "ad hoc" - single, dilandau a specified transaction, after the implementation of that power of attorney becomes ineffective. Relationship between the merchant and agent: the relationship is also a consideration is not governed dilandau by the Commercial Code and other legal branches. Usually mandate or employment relationship. Termination of power of attorney: no arrangements dilandau for the termination in CA, so refer entirely dilandau to the rules of PR. Termination dilandau is by: - withdrawal of principal or denial of attorney; - Death or disability of one of the parties; - Termination of the legal entity (for any of the two countries); - In temporary attorney - with expiration; - In "ad hoc", after completion of the transaction. Duties of agent: the obligation to refrain from competition. It exists while the occupants are procurators (proxies). Upon termination of a power of attorney obligation falls. CA states that the procurator and the commercial agent may not, without the consent of the merchant to transact on their own or for hire within the authorization. dilandau If the principal agrees, the representative may make a competitive activity. Presumed consent: if the authorization procurator or attorney conduct a commercial activity, and the trader was aware of this, it can continue (ie the obligation to refrain from competition can arise only if explicitly mentioned in the contract). Breach of duty: the trader can choose between two other legal consequences: 1. Merchant has a claim for compensation for damages. Exercise in the five-year limitation period of the transaction (in the GP limit is 3 years). 2. Trader may consider transaction concluded at its own expense through an application dilandau on his part, addressed to the parties to the transaction: the third party and the procurator (agent). dilandau The latter are obliged to transfer all economic benefits on offer. This right may be exercised within one month of learning of the transaction, but not later than one year after her appearance
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