Regulations on representation according to the current civil code according to Vietnamese law

What is a representative? What is the basis for establishing representation rights? The article shares in detail the legal regulations surrounding the topic of representation according to the current Civil Code.

CSPL: 134, 135, 136, 137, 138, 139 Civil Code 2015

1. Concept of Representation

– Representation is the act of an individual or legal entity (hereinafter referred to as representative) on behalf of and for the benefit of another individual or legal entity (hereinafter referred to as the represented person) to establish and perform civil transactions.

– Individuals and legal entities can establish and perform civil transactions through a representative. Individuals may not let others represent them if the law stipulates that they must establish and perform that transaction themselves.

– In case the law stipulates, the representative must have civil legal capacity and civil act capacity appropriate to the civil transaction being established and performed.

– The right to represent is established according to authorization between the represented person and the representative (hereinafter referred to as authorized representative); according to the decision of a competent state authority, according to the charter of a legal entity or according to the provisions of law (hereinafter referred to as legal representation).

2. legal representative of the individual

– Father and mother for minor children (Court appointed in case the representative cannot be identified)

– Guardian for the ward. The guardian of a person with difficulty in cognition and behavior control is the legal representative if appointed by the Court. (Court appointed in case the representative cannot be identified)

– Person appointed by the Court for a person with limited civil act capacity.

3. legal representatives of legal entities

– legal representatives of legal entities include:

+ Persons appointed by the legal entity according to the charter;

+ Persons with representative authority according to the provisions of law;

+ Persons appointed by the Court during proceedings at the Court.

– A legal entity can have many legal representatives and each representative has the right to represent the legal entity.

4. Authorized representation

– Individuals and legal entities can authorize other individuals and legal entities to establish and perform civil transactions.

– Members of households, cooperative groups, and other organizations without legal status can agree to appoint other individuals or legal entities to represent them as authorized representatives to establish and perform civil transactions related to common assets of household members or organizations. cooperation, other organizations without legal status.

– People from full fifteen years old to under eighteen years old can be authorized representatives, except in cases where the law stipulates that civil transactions must be established and performed by people aged full eighteen years or older.

5. Legal consequences of representative acts

– Civil transactions established and performed by the representative with a third person in accordance with the scope of representation give rise to rights and obligations for the represented person.

– The representative has the right to establish and perform necessary acts to achieve the purpose of the representation.

– In case the representative knows or must know that the establishment of the representative act is due to confusion, deception, threat or coercion but still establishing and performing the act does not give rise to rights and obligations for the represented person, unless the represented person knows or should know about this and does not object.