A special power of attorney will be issued to the representative for the implementation of many homogeneous legal actions.

Meanwhile, land plots are provided for the construction and maintenance of a residential building, which is their purpose. Therefore, if the pledge of the house was allowed, the pledge of the land plot on which it is located should be allowed together with it, no matter on what basis the owner of the house uses it - on the basis of ownership or on the basis of land use right. Both are property rights. The right to use the land does not become the right of the owner, but on the same grounds as the house, it can be transferred to another person.

19.09.2010

Power of attorney. The form of power of attorney and its types. Term of power of attorney and termination of power of attorney

By its legal nature, the power of attorney is a unilateral agreement that defines the powers of the representative

The concept of power of attorney. A power of attorney is a written authorization issued by one person to another person for representation before third parties.

The power of attorney is addressed to third parties and certifies the authority of the representative to third parties. The content of the power of attorney is determined by the legal capacity of the person represented. As a general rule, a power of attorney can be issued only by able-bodied citizens. Minors may independently issue powers of attorney in the amount of those rights that they can exercise independently.

A power of attorney may be issued to a legal entity only for the conclusion of agreements that do not contradict its statute (regulations) or general provisions on organizations of this type.

Since the power of attorney is a unilateral civil law agreement, it must meet the general conditions of validity that must be met by civil law agreements. However, the law establishes a number of special requirements for the power of attorney. The power of attorney must be concluded only in writing. A power of attorney is always a fixed-term agreement. The power of attorney must specify the person to whom it is issued.

According to the content and scope of powers received by the representative, there are three types of powers of attorney: general (general), special and one-time.

A general power of attorney is issued for the performance of a wide range of agreements and legal actions (for example, a general power of attorney is issued to the head of a branch of a legal entity).

A special power of attorney will be issued to the representative to carry out many homogeneous legal actions. The special ones include a power of attorney for representation in court, a power of attorney issued to a freight forwarder to receive goods from the railway.

A one-time power of attorney will be issued for the performance of one specific agreement or other legal action (for example, a power of attorney to receive a salary, to sign a certain contract).

The power of attorney must be drawn up in writing, as evidenced by the very definition of the power of attorney, which is contained in Art. 64 of the Civil Code of Ukraine. In some cases, the power of attorney is required to be not only written, but also notarized. The power of attorney for concluding agreements that require a notarial form (for example, a power of attorney for the purchase and sale of a house), as well as actions for state, cooperative and other public organizations must be notarized, except as provided by law Part 1 of Art. 65 of the Civil Code of Ukraine.

The power of attorney, according to which the powers are transferred by subdelegation, must also be notarized.

In accordance with Part 2 of Art. 65 of the Civil Code of Ukraine to notarized powers of attorney are equated: powers of attorney of servicemen and other persons undergoing treatment in hospitals, sanatoriums and other military medical institutions, certified by chiefs, their deputies from the medical unit, senior and regular doctors of these hospitals and -medical institutions; powers of attorney for servicemen, and in the locations of military units, formations, institutions and military educational institutions, where there are no state notary offices and other bodies performing notarial acts, as well as powers of attorney of workers and employees, members of their families and family members of servicemen commanders (chiefs) of these units, formations, institutions and establishments; powers of attorney of persons in places of imprisonment, certified by the heads of places of imprisonment.

Power of attorney to receive wages and other payments related to employment, to receive remuneration of authors and inventors, pensions, benefits and scholarships, money from savings banks, as well as to receive correspondence, including cash and parcels, may be certified the organization in which the principal works or studies, the organization at his place of residence, as well as the administration of the inpatient treatment and prevention facility in which he is receiving treatment.

Powers of attorney of organizations, except for those issued by subdelegation, do not require notarization. They are issued under the signature of its head (in cooperatives and public organizations - under the signature of persons authorized by the statute) with the seal of this organization, and powers of attorney to receive or issue money and other property are also signed by the chief (senior) accountant of this organization.

The provides legislation for the presence of mandatory details in the power of attorney. Such obligatory requisites are the date of its commission. The absence of a power of attorney in the date of commission makes it invalid. Another obligatory requisites is the signature of the principal, and for a power of attorney issued on behalf of a legal entity - the application of the seal of this legal entity.

Power of attorney. A notary certifies a power of attorney on behalf of one or more persons, in the name of one or more persons.

A power of attorney easy narrative essay topics issued by power of attorney is subject to notarization upon presentation of the main power of attorney, which discusses the right of sub-power of attorney, or when providing evidence that the representative on the main power of attorney is forced to do so to protect the interests of the person. A power of attorney issued by sub-power of attorney must not contain more rights than those granted under the main power of attorney. The term of the power of attorney issued by way of sub-power of attorney may not exceed the term of validity of the power of attorney on the basis of which it is issued.

Term of power of attorney. The term of the power of attorney may not exceed three years. If the term of the power of attorney is not specified, it shall remain in force for one year from the date of its commission. A power of attorney certified by a state notary, which is intended for actions abroad and does not contain instructions on the term of its validity, remains in force until its revocation by the person who issued the power of attorney.

Reassignment. The person to whom the power of attorney is issued must personally perform the actions for which he is authorized. It may delegate their commission to another person, if authorized by a power of attorney or forced to do so by circumstances to protect the interests of the person who issued the power of attorney. The power of attorney is executed by a notarized power of attorney. The term of such power of attorney may not exceed the term of validity of the main power of attorney on the basis of which it was issued. The person who transferred the authority to another person must notify the person who issued the power of attorney and provide him with the necessary information about the person to whom the authority was transferred. Failure to fulfill this obligation makes the person who transferred the authority responsible for the actions of the person to whom he transferred the authority, as for their own (Article 68 of the Civil Code of Ukraine).

Termination of the power of attorney. The power of attorney is terminated due to:

expiration of its term; revocation of the power of attorney by the person who issued it; refusals of the person to whom the power of attorney was issued; termination of the legal entity on whose behalf the power of attorney was issued; termination of the legal entity in whose name the power of attorney was issued; death of the citizen who issued the certificate, recognition of the citizen incapable, partially incapacitated or missing; death of a citizen to whom a power of attorney has been issued, recognition of a citizen as incapable, partially incapacitated or missing.

The person who issued the power of attorney has the right to revoke it at any time, and the person to whom the power of attorney was issued may refuse it, which also leads to the termination of the power of attorney. The agreement to waive this right is invalid. With the termination of the power of attorney loses the power of subdelegation.

The person who issued the power of attorney is obliged to notify the person to whom the power of attorney was issued of its cancellation, as well as third parties known to him, for representation before whom the power of attorney was issued. The same obligation is imposed on the legal successors of the person who issued the power of attorney, and in case the person who issued the power of attorney is declared incompetent or partially incompetent, such obligation is imposed on the guardian or trustee.

The rights and obligations arising from the actions of the person to whom the power of attorney was issued before that person learned or should have learned about its termination, remain valid for the person who issued the power of attorney and his successors in relation to third parties ... This rule does not apply if the third party knew or should have known that the power of attorney had expired. Upon termination of the power of attorney, the person to whom it was issued or his successors must immediately return the power of attorney.

19.09.2010

Environmental legislation and legal protection of the natural environment

Environmental legislation is a structure that combines environmental legal norms of different levels and different orientations

They can be constitutional, ordinary, norms, focused on social relations of different content, on the protection of various natural objects. This legislation is a system that is more or less sustainable. Its implementation creates a relatively stable legal relationship. The system of environmental legislation should be considered as an integrity, which consists of separate legislative acts that are interacting with each other. As a rule, the environmental law does not operate by itself, but in relationships and on the basis of other laws, and not only environmental content.