Representation in the Interests of the Civil Law Association

Abstract

The norms governing the institution of representation are still not clearly defined in the science of civil law: the concepts of representation and authority, which are the central categories of this institution, remain controversial. In the case of representation, the legal capacity of the representative is joined to the legal capacity of the represented, which is confirmed by the relevant powers. Thus, both the representative and the represented person must have legal personality.At the same time, the legal status of civil law associations that are not recognized as subjects of civil law relations but are able to make decisions with legal consequences remains uncertain. How can the interests of such an association be represented in relations with third parties? Are the provisions of the institution of representation applicable to the regulation of these relations? The paper concludes that in some cases, the provisions of the institution of representation can be applied to relations involving civil law associations, when the circle of their participants is specifically defined and their interests coincide — a representative can act on behalf of and in the interests of each of the participants of such a community.However, the possibility of collective representation of the common interests of persons whose circle is not precisely defined needs to be clarified. The issue of applying the provisions regulating direct representation requires special attention in cases where the general interests of the civil law community do not correspond to the private interests of an individual participant. In this sense, it seems that when specifying the circle of community members, the application of the provisions on representation is possible by virtue of the indication of the law and the decision of the meeting. However, the category of common interests of the represented persons needs to be clarified.