Representation in the Interests of the Civil Law Association

The norms governing the institution of representation are still not clearly defined in the science of civil law: the concepts of representation and authority, which are the central categories of this institution, remain controversial. In the case of representation, the legal capacity of the representative is joined to the legal capacity of the represented, which is confirmed by the relevant powers. Thus, both the representative and the represented person must have legal personality.

At the same time, the legal status of civil law associations that are not recognized as subjects of civil law relations but are able to make decisions with legal consequences remains uncertain. How can the interests of such an association be represented in relations with third parties? Are the provisions of the institution of representation applicable to the regulation of these relations? The paper concludes that in some cases, the provisions of the institution of representation can be applied to relations involving civil law associations, when the circle of their participants is specifically defined and their interests coincide — a representative can act on behalf of and in the interests of each of the participants of such a community.

However, the possibility of collective representation of the common interests of persons whose circle is not precisely defined needs to be clarified. The issue of applying the provisions regulating direct representation requires special attention in cases where the general interests of the civil law community do not correspond to the private interests of an individual participant. In this sense, it seems that when specifying the circle of community members, the application of the provisions on representation is possible by virtue of the indication of the law and the decision of the meeting. However, the category of common interests of the represented persons needs to be clarified.

1. Afanasyeva EG, Vaypan VA, Gabov AV et al. Shitkin IS (ed.). Corporate Law: A Course-book. Vol. 2. Moscow: Statut Publ.; 2018. (In Russ.).

2. Avakian SA. Representation in constitutional law: issues of theory and practice. Moscow: Justitsinform Publ.; 2022. (In Russ.).

3. Belolikov AI. The figure of an Arbitration Receiver. Law and Economics. 2004;12:28-34. (In Russ.).

4. Bobyleva AZ, Gorev DE, Zaitseva YuA, et al. Karelina SA, Frolov IV (eds.) Bankruptcy mechanisms and their role in ensuring human well-being. Moscow: Justitsinform Publ.; 2022. (In Russ.).

5. Bogdanova EE (ed.). Civil Law Textbook. In 2 vols. Moscow: Prospekt Publ.; 2020. (In Russ.).

6. Bratus SN. The subject and the system of Soviet civil law. Moscow; 2005. (In Russ.).

7. Egorov AV, Papchenkova EA, Shirvindt AM. Representation: A Study of Judicial Practice. Moscow: Statut Publ.; 2016. (In Russ.).

8. Egorova AV. The bankruptcy procedure of citizens- entrepreneurs. Seven problematic issues of practice. Arbitrazhnaya praktika. 2014;12:38-39. (In Russ.).

9. Ehrlich ME. Conflict of interest in the insolvency (bankruptcy) process: legal means of resolution. Moscow: Prospekt Publ.; 2015. (In Russ.).

10. Galushina IN. Concepts of Representation and Mediation in Civil Law: A Comparative Law Aspect. Journal of Russian Law. 2006;2:139-146. (In Russ.).

11. Grishaev SP, Bogacheva TV, Svit YuP. Article-by-article commentary to the Civil Code of the Russian Federation. Part I. «ConsultantPlus» Law Reference System; 2019. (In Russ.).

12. Ioffe OS. Soviet Civil Law. Selected Works in 4 Vols. Vol. 2. St. Petersburg: Law Center-Press; 2004. (In Russ.).

13. Karapetov AG (ed.). Transactions, Representation, Limitation Period: Article-by-article commentary to Articles 153–208 of the Civil Code of the Russian Federation [Electronic edition. Editorial Office 1.0]. Moscow: M-Logos Publ.; 2018. (In Russ.).

14. Koraev KB. On the question of the theories of the arbitration manager. Yurist. 2017;2:18-21. (In Russ.).

15. Krasavchikova OA (ed.). Soviet Civil Law. 2nd ed. Vol. 1. Moscow: Vysshaya shkola Publ.; 1972. (In Russ.).

16. Krivusheva SS. Decisions of meetings as legal facts in Russian civil law. Cand. Sci. (Law) Diss. Author’s Abstract. Yekaterinburg; 2018. (In Russ.).

17. Milkov AV, Skaredov GI. Bankruptcy in the Russian Federation. Pyatigorsk: Vestnik Kavkaza; 2006. (Russ.).

18. Nevzgodina EL. The legal essence of representation as a universal and unique form of mediation. Herald of Omsk University. The Series «Law». 2012;2(31):121-129. (In Russ.).

19. Osmanova DO. Legal capacity of separate legal structures. Economy and Law. 2022;12:3-26. (In Russ.).

20. Ryasentsev VA. Representation in Soviet civil law. Dr. Sci. (Law). Diss. Vol. 1. Moscow: 1948. (In Russ.).

21. Stepanov SA (ed.). Civil Law Textbook. 2nd ed. Vol. 1. Moscow: Prospekt Publ.; 2015. (In Russ.).