Representation is acting in the interest and on behalf of another person, producing effects on the legal relations of the represented person.
That is, representation is acting on behalf of another, with legal consequences.
There are two parts to the representation:
- Representative: It is the person legitimated to carry out legal business on behalf of another person. It can be legally or voluntarily legitimated.
- Represented: It is the person for whom the representative acts.
As a general rule, in law, the principle is that no one can legally act for another person, but this figure is the exception.
There are two ways in law to represent:
- Volunteer: One person authorizes another to represent him and will need a power of attorney. This form of representation is not governed by the legal norm, but by the mandate contract. That power that the representative needs must be granted before a notary public.
- Legal: It is the representation that is established by law, it is subject to the rules of the Civil Code. It is established in order to protect the interests of the principal. For example, the legal representation of minors, that is, parental authority. The legal representative in this case will not need a power of attorney that proves that he has the legitimacy to represent.
Representation vs Mandate
The mandate is a form of representation that is agreed through a contract between two parties. It only refers to voluntary representation. The rights and obligations that will govern this type of agreement will be established in the contract itself by both parties.
On the other hand, legal representation is not agreed by contract between parties, but is established by a legal norm, including the rights and obligations that will govern that relationship.
These offices are another form of representation, but only for commissions from commercial entities. It is a fixed physical place through which a company, or several, do business in a country where that company does not have a physical presence.
For example, a company needs to sell its product (cheese, for example) in a country where it does not have a store. Then, hire one of these representative offices to take the order, sale or promotion.