Ensuring the rights and obligations of the representative

Аннотация

Representatives have significant rights and SUBMITED 26 October 2024 responsibilities that are critical for efficient ACCEPTED 29 December 2024 PUBLISHED 30 January 2025 management and protection in the domains of law, VOLUME Vol.07 Issue01 2025 business, and politics. This article examines the procedures for enforcing these rights and obligations, CITATIO N the consequences of non-compliance, and how this Adilbaev Bekbosin Abatbaevich. (2025). Ensuring the rights and obligations situation affects stakeholders. This article illustrates the of the representative. The American Journal of Political Science Law and importance of a balanced approach to ensure that Criminology, 7(01), 34–38. representatives carry out their responsibilities https://doi.org/10.37547/tajpslc/Volume07Issue01-06 efficiently while upholding the values of accountability and integrity, through an analysis of the basic legislative framework, case law, and enforcement strategies. COPYRIGHT © 2025 Original content from this work may be used under the terms of the creative commons attributes 4.0 License. Keywords: Representation, competent person, partial or limited transaction, doctrine of representation, entrusted manager. Introduction: In civil-legal relations, the representative is the one who performs the most fundamental and direct action. Representation is considered an institution that determines the legal basis for the representative acting on behalf of another person. The representative carries out legal actions by concluding a transaction on behalf of the person who has entrusted him or her with it. Therefore, a representative is required to have appropriate knowledge, qualifications and skills, professional experience and full legal capacity. Any individual who has shown a desire to carry out these actions is a representative, and it is not permitted to force representation on anyone (or forced representation is not allowed). As a rule, a representative is considered a person with legal capacity. This means that an individual in a state of emancipation can also be a representative. A relationship of mutual trust has been established between the person who can act on behalf of another person as a representative and the person who grants the power of attorney. The representative becomes a The American Journal of Political Science Law and Criminology 34 https://www.theamericanjournals.com/index.php/tajpslc The American Journal of Political Science Law and Criminology representative at will and is regarded to have the right The provisions provided for transactions in connection to terminate the representation at any time. In other with the discovery of the will contained in actions words, the rule that ‘impermissibility of unilateral analogous to transactions, including the provisions on refusal to perform an obligation’ (Article 237 of the representation, may be applied analogously if the Civil Code) does not apply to a representative. purpose of these provisions justifies their appropriate application. With the help of analogy, open gaps in the The representative must have legal capacity. Since the law are filled in, in which the rule used in the text of the legal consequences of a transaction concluded on law does not exist, although for the purpose of legal behalf of the authorizer do not affect the legal sphere regulation, this rule is required to be in the law [1, 84]. of the representative and, therefore, do not lead to a decrease in his property, the law does not prohibit the R. Leonhard notes that representation “may be applied representation of citizens with partial and limited legal not only in transactions, but also in legal acts analogous capacity (Articles 27, 28 of the Civil Code). However, to transactions” [2, 309]. Contrary to this opinion, A. since it is impossible to impose on a authorizer who Manigk notes the following: “the will of the person does not have the capacity to conclude a transaction acting in the implementation of actions analogous to the risk of damage resulting from the conclusion of a the transaction in relation to the occurrence of a legal transaction on his behalf by an inexperienced or consequence does not have significance until this dishonest representative, it becomes clear that citizens consequence arises. In the case indicated by R. with partial and limited capacity to conclude a Leonhard, it is about facilitating the implementation of transaction cannot become guardians or trustees (Law the factual content of a transaction-like action that is “On Guardianship and Trusteeship”). not representative in the true sense” [3, 315]. A citizen with partial or limited legal capacity may However, the author then argues that such assistance, experience a loss, in case of non-approval by another particularly assistance in conveying a message, cannot person of a transaction concluded on behalf of another be analyzed as representation by analogy. In this case, person without his authority. Therefore, acc