Representation in Legal Actions
1- Nature (Nature) and Types of Representation: While making a legal transaction, it is possible for individuals to perform this transaction through an intermediary. Because the person may not be in a position to take every legal action himself. For example, the person may be in another location or the person may be assigned a guardian. The representation is the underlying relationship of the mandate contract. The power of representation is established by the unilateral declaration of will of the represented. There are three people in the representation relationship.
Represented: The person for whom legal action is taken.
Representative (representative): The person who carries out the legal action for the represented. The representative reflects the will of the person he represents to third parties.
Third party: The person with whom the representative takes legal action for the represented.
Representation is divided into two as indirect and direct representation.
A- Direct (Indirect, Direct) Representation: In direct representation, the representative makes a legal action by acting on behalf and on behalf of the represented. In direct representation, the third party knows that the person contracting with him is the agent. That is, the delegate says that it is doing the action for someone else. For example, there is direct representation if A tells the landlord that he is renting the house for his friend A, while A rents a house for his friend B.
B- Indirect (Indirect) Representation: In indirect representation, the representative makes a legal action by acting on his own behalf and for the account of the represented. In indirect representation, the third party does not know that the person contracting with him is the agent. That is, the delegate does not say that he is doing the action for someone else. For example, indirect representation occurs when A rents a house for his friend B, but does not tell the landlord that he is renting the house for his friend.
