Материальное и процессуальное представительство: гражданско-правовой и семейно-правовой аспекты

Abstract

Introduction: representation as a civil law relationship has long been an area of particular research interest, which can be explained by its special significance as one of the guarantors of the subject's right to free participation in civil circulation. At the same time, there have developed certain stereotypes in scientific research concerning the legal relationship of representation, the doctrine lacks a holistic approach to the study of representation as a relationship under civil law, which indicates the necessity of developing such an approach. Taking into consideration the dynamic development of procedural legislation, the legal relationship of representation is also undergoing changes, especially in relation to civil and family law relations. Purpose: to develop a holistic view on the current civil and family law regulation of substantive and procedural representation taking into account new changes in Russian procedural legislation. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic, comparative legal, method of interpretation of legal norms. Results: the study showed that representation should be considered as an organizational and informational relationship regulated by civil law within the framework of which the representative exercises the authority received from the represented person to perform on behalf of this person in relation to third parties legal actions and closely related to them factual actions entailing the emergence, change or termination of the rights and obligations of the person represented. Accordingly, a stable closed set of legal rules regulating this social relationship is called the institution of representation. Conclusions: representation as a legal relationship can be classified by types and forms: types are distinguished according to the branch affiliation (substantive or procedural law), while forms are distinguished according to the grounds for the emergence of the representative authority (representation by virtue of law, including based on an administrative act; contractual representation; representation from the situation). The legal relationship of representation is different from similar legal relationships (commission legal relationship, agency service, legal participation, activities of a signer’s assistant, activities of a mediator).