Publication at Faculty of Law |
2011
Abstract
The article mainly clarifies some basic characteristics of contractual representation being exceptionally important however concurrently difficult legal institute within practising the legal profession. Representation, contrary, e.g., to the mandate contract, is the relationship between a representative and a represented person vis-a-vis third persons.
The article further deals with the subject-matter of the representation relationship, including the power of attorney, and further with phenomena similar to representation, and finally also with institutes not being considered representation. Finally, he provides positive criticism and proposal for different solution of the positive regulation in the anticipated Civil Code.