May the Force be with you! And although the authority. Because otherwise you can fall very, very angry at the muzzle. And then there will be no Master Yoda, one of the shit pulls out again. Then there are in fact only the German judicial system, a dusty camera highly paid officials who decide always so, as nobody expects. Not for nothing is since Roman times: before the court and on the high seas, we are in God's hands. And that law and justice have got two completely different pair of shoes, we all know.
Why is a Power of Attorney so important? Well, suppose we are asked by a friend to buy a car. So we go to the dealer and sign a purchase contract. If we can not reveal here is that we have done for our friend, we will become a party when our friend does not approve the purchase agreement and we can not prove that we were authorized. That is, we suddenly have to pay the purchase price and to take the car. Thus, the law (§ 177 Civil Code ). But even if we disclose that we work for our friend, the seller will ask, of course, immediately after a power of attorney. For there could come so each ... .
So, what is important? Well, first you can not be represented in every transaction. When the marriage is not, for example. This is in fact a so-called highly personal transaction that the presence of both parties requires.
Even with cash transactions of daily life is a power of attorney is not required (lawyers, of course, have an unintelligible term for such operations: covert business for whom it may concern). If you will be so instructed by your partner to buy a particular magazine, then the sale comes with your partner and were due to the business owners, even if your not disclose the power of representation. A cash transaction of daily life is always present when the contractor if the declarant (ie you as buyer of the magazine) for the principal (ie your partner) want to trade and business opponents (Ie the seller) the person of the other party is indifferent.
types of proxies
powers are to be distinguished in special powers (for a given transaction), generic proxies (for certain types of transactions) and general powers of attorney (for all the representative offices open). In the following, only the special power of attorney is set out, therefore, the authority to carry out a particular transaction. This is in practice far more common form of proxy.
form of proxy
The issue of authority is in principle free form possible ( § 167 paragraph 2 Civil Code ). However, the law and the practice for certain transactions known exceptions (consumer credit agreement, Renouncement of inheritance, health care proxy, set up a GmbH, the proxies for GmbH and AG, purchase and sale of land, etc.). But simply for the sake of preserving evidence should be granted a power of attorney in writing.
contents of,
The contents of a special power of attorney depends on the transaction that the agent should run. Should he pick up a package at the post office, so put down that the nominee should be empowered to collect a package for the addressee of the parcel at the post office. A power of attorney to sell a car might look like this:
Depending on the transaction, the contents of the authorization to change also. The authority should include a time limit. If this is not the case, it applies to third parties that is as effective until it is returned to the delegatee or canceled.
effect of the power
causes the power of attorney that the contract directly with the person giving the and the business partner is concluded when the agent discloses in the contract of representation. So do not forget to note, despite the power of attorney the party that you act in the name.
If you've noticed it all, you do not need a Master Yoda, are not in God's hands and get your right!
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