Legal Representation in Court Cases
1- Nature and Types of Representation: When performing a legal transaction, individuals may carry out this transaction through an agent. This is because a person may not be in a position to perform every legal transaction themselves. For example, the person may be in another location or may have a guardian appointed for them. Representation is the fundamental relationship of a power of attorney agreement. The power of representation is established by the unilateral declaration of intent of the represented person. There are three persons in the representation relationship.
The represented person: T he person on whose behalf the legal transaction is initiated.
The representative: T he person who carries out legal transactions on behalf of the person they represent. Th e representative reflects the will of the person they represent to third parties.
The third party: The person on whose behalf the representative initiates legal transactions.
Representation is divided into two types: indirect and direct representation.
A- Direct (Indirect, Direct) Representation: In direct representation, the representative performs a legal transaction on behalf of and in place of the represented person. In direct representation, the third party knows that the person with whom they are contracting is a representative. In other words, the representative states that they are performing the transaction on behalf of someone else. For example, when A rents a house for his friend B and tells the landlord that he is renting the house for his friend A, this is an example of direct representation.
B- Indirect Representation: In indirect representation, the representative acts in their own name and on behalf of the represented person to perform a legal transaction. In indirect representation, the third party does not know that the person with whom they are contracting is a representative. In other words, the representative does not state that they are performing the transaction on behalf of someone else. For example, if A rents a house for their friend B but does not tell the landlord that they are renting the house for their friend, this is indirect representation.