The Civil Code of the Russian Federation(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)
Chapter 10. The Representation. The Warrant
Article 182. The Representation
1. The deal, effected by one person (the representative) on behalf of another person (the representee) by force of the power, based on the warrant, on the indication of the law or on the act, issued by the state body or by the local self-government body, authorized for this purpose, shall directly create, amend or terminate the civil rights and duties of the representee. The power may also stem from the setting, in which the representative operates (the salesman in retail trade, the cashier, etc.).
2. The persons, who operate in the interest of the other persons, but on their own behalf (the trade agents, the trustees of a bankrupt's estate, the executors of the will, etc.), and also the persons, authorized to enter into negotiations on the deals, which may be possibly effected in the future, shall not act as representatives.
3. The representative shall not effect the deals on behalf of the representee in his own interest. Neither shall he effect such deals in the interest of another person, whose representative he is at the same time, with the exception of the cases of the commercial representation.
4. The effecting through the representative of the deal, which by its nature shall be effected only in person, and also of the other deals, which have been pointed out in the law, shall not be admitted.
Article 183. The Effecting of the Deal by an Unauthorized Person
1. If the deal has been effected on behalf of the other person in the absence of relevant powers, or in case such powers have been exceeded, the deal shall be regarded as made on behalf and in the interest of the person who has made it, unless the other person (the representee) subsequently directly approves of such a deal.
2. The subsequent approval of the deal by the representee shall create, amend and terminate for him the civil rights and duties by the given deal from the moment of its being effected.
Article 184. The Commercial Representation
1. The trade agent shall be the person, who constantly and independently represents and acts on behalf of businessmen in their concluding agreements in the sphere of business activities.
2. The simultaneous commercial representation of different parties in the deal shall be admitted upon the consent of these parties and in the other law-stipulated cases. The trade agent shall be obliged to execute the orders he has been given with the circumspection of a common businessman. The trade agent shall have the right to claim the payment of the agreed remuneration and the compensation of the expenses, he has incurred while executing the commission, from the parties to the agreement in equal shares, unless otherwise stipulated by the agreement between them.
3. The commercial representation shall be performed on the ground of a commission contract, concluded in written form and containing instructions on the agent's powers, and in the absence of such instructions - also the warrant. The trade agent shall be obliged to keep in secret the information on the commercial deals even after the execution of the commission given to him.
4. The specific features of the commercial representation in the individual spheres of business activities shall be established by the law and by the other legal acts.
Article 185. The Warrant
1. The warrant shall be recognized as the written authorization document, granted by one person to the other person for the purpose of representing him before the third persons. The written authorization document for effecting the deal by the representative may be presented by the representee directly to the corresponding third person.
2. The warrant for effecting the deals, requiring the notarial form, shall be notarially certified, with the exception of the law-stipulated cases.
3. To the notarially certified warrants shall be equalized: 1) the warrants of the servicemen and of the other persons, undergoing medical treatment in military hospitals and sanatoria, and in other military medical institutions, certified by the head of such an institution, by his deputy for medicine, by the senior doctor, or by the doctor on duty;
2) the warrants of the servicemen, and in the places of the stationing of military units, formations, institutions and military educational establishments, where there are no notary's offices or other bodies, performing notarial actions, also the warrants of the workers and employees, of their family members and of the family members of the servicemen, certified by the commander (the head) of this unit, formation, institution or establishment;
3) the warrants of the persons, maintained in the places of the deprivation of freedom (in the prisons and the prison camps), certified by the head of the corresponding place of the deprivation of freedom;
4) the warrants of the adult legally capable citizens, staying at the institutions for the social maintenance of the population, certified by the administration of the given institution or by the head (the deputy head) of the corresponding body for the social maintenance of the population.
4. The warrant for the receipt of the wages and the other payments, connected with labour relations, for the receipt of the author's and the inventor's fees, of the pensions, allowances and grants, of the citizens' deposits in the banks and of their correspondence, including money orders and parcels, may also be certified by the organization, in which the trustee works or studies, by the housing-maintenance organization at the place of his residence and by the administration of the in-patient medical institution, in which he is undergoing medical treatment. A power of attorney for the drawing by a representative of a citizen of his deposit in a bank, or monetary funds from his bank account, or for the receipt of correspondence addressed thereto in organizations of communications, and also for the making on behalf of a citizen of any other transactions mentioned in Paragraph One of the present Item may be attested by the relevant bank or organization of communications. Such power of attorney shall be attested free of charge.
5. The warrant, granted on behalf of the legal entity, shall bear the signature of its head or of the other person, authorized for this action by its constituent documents, and shall be certified by the stamp of this organization. The warrant, granted on behalf of the legal entity, which is based on the state or municipal property, for the receipt or for the issue of money and of other property values, shall also be signed by the chief (senior) accountant of this organization.
Article 186. The Period of the Warrant
1. The period of the warrant shall not exceed three years. If no term has been indicated in it, the warrant shall stay in force in the course of one year from the date of its granting. The warrant, in which no date of its granting has been indicated, shall be regarded as insignificant.
2. The notarially certified warrant, intended for the performance of actions abroad and containing no indication of the term of its operation, shall stay in force until it is revoked by the person, who has granted it.
Article 187. Transfer of the Warrant
1. The person, to whom the warrant has been granted (the warrantee) shall be obliged to perform the actions, for which he has been authorized, in person. He shall be able to transfer their performance to another person, if he is authorized to do so by the warrant, or if he has been forced to do so on account of the circumstances in order to protect the interests of the person, who has granted him the warrant (the warrantor).
2. The person, who has transferred the power of attorney to another person, shall be obliged to notify about it the warrantor, and to pass to him all the essential information on the person, to whom he has transferred the said power. The failure to discharge this duty shall impose upon the person, who has transferred the power of attorney by the warrant, the same responsibility for the actions of the person, to whom he has passed the power, as he would have borne for his own actions.
3. The warrant, granted by way of transferring the power of attorney, shall be notarized, with the exception of the cases, stipulated in Item 4 of Article 185 of the present Code.
4. The period of operation of the warrant, granted by way of transferring the power of attorney, shall not exceed the period of the warrant, on the ground of which it has been granted.
Article 188. Withdrawal of the Warrant
1. The operation of the warrant shall be terminated as a result of: 1) the expiry of the period of the warrant;
2) the revoking of the warrant by the person, who has granted it;
3) refusal on the part of the person, to whom is has been granted;
4) the termination of the legal entity, on whose behalf the warrant has been granted;
5) the termination of the legal entity, in whose name the warrant has been granted;
6) the death of the citizen, who has granted the warrant, or his recognition as legally incapable, partially capable or missing;
7) the death of the citizen, to whom the warrant has been granted, or his recognition as legally incapable, partially capable or missing.
2. The person, who has granted the warrant (the warrantor), shall have the right at any time to revoke the warrant or the transfer of the warrant, while the person, to whom the warrant has been granted (the warrantee), shall have the right at any time to reject it. An agreement on the renouncement of these rights shall be insignificant.
3. The transfer of the warrant shall lose power with the termination of the warrant.
Article 189. The Consequences of the Termination of the Warrant
1. The person, who has granted the warrant and who has subsequently revoked it, shall be obliged to notify about it the person, to whom the warrant has been issued, and also the third persons he knows, for the representation before whom the warrant has been granted. The same responsibility shall be imposed upon the legal successors of the warrantor, in the cases of the termination of the warrant on the grounds, stipulated in Subitems 4 and 6 of Item 1 of Article 188 of the present Code.
2. The rights and duties, which have arisen as a result of the actions of the person, to whom the warrant has been granted (the warrantee), before the moment when he has learned, or should have learned, about its termination, shall stay in force for the warrantor and his legal successors with respect to the third persons. This rule shall not be applied, if the third person has been aware, or should have been aware, of the fact that the operation of the warrant has been terminated.
3. After the termination of the warrant, the warrantee or his legal successors shall be obliged to immediately return it.
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