Representation is the authority of one person (the representative) to take legal action on behalf of another (the represented). TBK art.40-49.
Types of Power of Attorney
- General power of attorney:For all legal transactions
- Special power of attorney:For specific transaction(s)
- Mixed: Some powers are general, some are special
Form
For some transactions, notarized power of attorney is mandatory:
- Deed transactions
- Divorce case
- Rejection of inheritance
- Company establishment
- Power of attorney for attorney
Powers Derived from Power of Attorney
- Limits of the power of representation
- Secondary authority (appointment of sub-attorney, written permission is required)
Power of attorney Termination
- Completion of duty
- Death of the parties
- Bankruptcy
- Unilateral dismissal/resignation
- Expiry of term
Supreme Court HGK
HGK adopts that the power of attorney should be "clear limits of authority" and should be interpreted in a way that does not leave room for doubt. Transactions requiring special authority cannot be performed with a general power of attorney.