Contract of commission

Quite often there is a situation when a citizen needs to conclude any transactions, but due to circumstances he can not implement them independently. So, for example, if you need to sell real estate, a citizen can either personally carry out a transaction, or authorize another person to do so because of his absence at the location of this property or simply because of unwillingness to deal with the registration. In this case, a contract of commission for the sale of real estate is drawn up. You can also commission other legal actions in the same way.

What is a contract of commission?

In accordance with this, an attorney representing the interests of the principal performs legally significant actions on his behalf, as a result of which certain rights and obligations arise. The contract determines only the internal relations of the parties, therefore, as a rule, the attorney is given a power of attorney confirming his authority. The term of the power of attorney can not exceed three years, if it is not specified, it is valid for a year. Parties to the contract may be not only physical, but also legal entities.

Decor

The contract of assignment may be concluded either verbally or in writing and must comply with the law, taking into account the general requirements on the form of transactions contained in the Civil Code of the Russian Federation.

If it is written, it details the rights and obligations of the parties to the contract, the term for which it is concluded, the cost of services (if they are not gratuitous). Due to the fact that the attorney's actions will entail certain legal consequences, it is advisable to apply for legal assistance to an experienced specialist when drafting the contract.

Purpose and procedure of implementation

The contract of commission is made only for the performance of legal actions, for example, for the conclusion of a trade transaction or the conduct of an attorney at the court. It can not be drawn up to perform actual actions, for example, repair, packing, etc.

Nevertheless, some actual actions may be necessary, for example, a trip, inquiry, inspection, etc. They are also the subject of the contract, since they are auxiliary.

The Attorney can not be authorized to do all legal actions. For example, he can not marry a client, make a will, conclude an employment contract, exercise parental rights. In addition, he can not be authorized to commit an illegal transaction.

The Attorney does not have the right to make transactions with respect to himself, as well as another person, whose representative he is also. When making a transaction to the detriment of the principal and malicious intent, it can be recognized as invalid.

The contract of commission must contain legal, feasible and specific instructions. The attorney may withdraw from them in the interests of the principal if he could not request an answer in advance or did not receive it in a reasonable time. In such a situation, he must notify him at the earliest opportunity.

All the attorney received from third parties must transfer to the trustee, and the latter should accept the execution of the instruction and reimburse the costs incurred in connection with the performance. It can be payment for a hotel, travel expenses, etc.

Types of contracts

Depending on the transaction, which must be concluded, it is possible to distinguish: the contract of commission for the provision of services, the sale and purchase of movable and immovable property, the registration of export-import transactions, the acceptance of work and goods, etc. Legal actions related to the commission of such transactions often require And certain professional knowledge, which the trustee does not always have. For this reason, in addition to the fact that the attorney represents his interests, he still can have this knowledge and correctly dispose of the rights and property granted to him.

Termination

The contract of assignment may be terminated in connection with the refusal of the attorney, the cancellation by the principal of the instruction, the death of one of the parties, the recognition incompetent or missing.