Shapoval L. Representation in the civil law

The thesis is devoted to the complex research of representation in the civil law. The author considers the concept and the legal nature of representation. The legal characteristic of the subjects of the representative relations is given. The content of representation is disclosed. The main point of representation as a legal institution is examined through the concept of authority. The features of representation by power of attorney and according to the law are considered. The author elucidates the difference of committing the competences by the representatives on behalf of the legal persons from the competences committing by the representatives on behalf of the incapable persons. The specificity of commercial representation is analysed. The concepts and legal characteristic of the power of attorney are elucidated. The author analyses the warrant forms, the bases of the discontinuance of representation behind the power of attorney and the disaffirmation of the power of attorney. On the basis of the analysis of the scientific literature, normative-legal base and the judiciary law concerning representation in the civil law, the author formulated and submitted the concrete proposals on improvement of the present civil procedure law. Key words: representation, bases of beginning of representation, competence, subjects of representation, authority, legal representation, contractual representation, commercial representation, power of attorney.