Representation In Legal Proceedings
1-Nature (Nature) and types of representation: it is possible for people to make this process with a tool when making a legal process. Because a person may not be able to perform every legal action himself. For example, the person may be elsewhere, or the person may be assigned a guardian. Representation is the underlying relationship of the power of Attorney contract. The authority of representation is established by the unilateral declaration of Will of the representative. There are three people in the representation relationship.
Represented: the person for whom legal action has been taken.
Representative( representative): this is the person who performs the legal action for the representative. The representative reflects the will of the person he represents to third parties.
Third party: this is the person with whom the representative takes legal action for the representative.
Representation is divided into indirect and direct representation.
A-direct (indirect, direct) representation: in direct representation, the representative makes a legal action by acting on behalf and account of the representative. In direct representation, the third party knows that the person who contracts with it is the representative. So the agent says he’s doing it for someone else. For example, if a holds a rental house for his friend B, he tells the landlord that he is renting this house for his friend A, there is a direct representation.
B-indirect (indirect) representation: in indirect representation, the representative takes legal action by acting on his behalf and on his account. In indirect representation, the third party does not know that the person who contracts with it is a representative. So the representative doesn’t say he did it for someone else. For example, for a, Friend B, when renting a house, there is indirect representation if he does not tell the landlord that he is renting this house for his friend.