The power of representation is, in general, the authority of one person to perform legal acts on behalf of another person. This authorisation may be derived from the law or the declaration of will of the person represented. Examples of legal representation authority are parents or guardians regulated in the Turkish Civil Code. On the other hand, voluntary representation authorisation is granted by a declaration of will of the represented person. This declaration is a unilateral legal transaction. The importance of this situation is that the representative is not obliged to make any declaration that he/she accepts the authorisation granted. This is the feature of the authorisation of representation that distinguishes it from the power of attorney contract.
What is the Scope of the Power of Representation?
If the scope of the authority to represent arises from the law, it is determined in accordance with the provisions of the relevant law. The scope of the authority of voluntary representation is deduced from the statement of will of the represented. At this stage, the represented person may give a certificate of authorisation to the representative stating the limits of the authority, or may also inform the third party about this issue. The case law of the Court of Cassation is in the direction that the power of representation should be used for the benefit of the represented. In short, the main factor in determining the scope of the authorisation of representation is the desire of the represented person. The principle of trust is also taken into consideration in this determination process.
What are the Cases of Unauthorised Representation?
Unauthorised representation is defined as the absence of any declaration of will regarding the authorisation of representation, or the representative’s making transactions in excess of the declaration of will given to him/her. Unauthorised representation cases often occur due to the absence of representation authority. Some of the cases where the absence of representation authority is in question are as follows
- If no authorisation is given to the representative by the represented party,
- If the elements required for authorisation of representation are invalid,
- If the authorisation of representation is given after the legal transaction is made.