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Authority of a Representative: a Concept and Limits in Russian Law

Student: Rapoport Maksim

Supervisor: Maria Erokhova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

The work is devoted to the search for the legal nature of the authority of a representative in Russian law. A representative’s authority is the essence of agency law. Article 182 of the Russian Civil Code points out that only an authorized person can be named a representative and can affect directly the legal position of another person, i.e., cause legal effect of representation. It stands to reason that Russian legal scholars have conceptual knowledge and, perhaps, consensus in definition and nature of the agent’s authority. However, they have not yet. It is almost impossible to solve complex disputes about representation without complete understanding of the mechanism and effect that is made by authorized person in the legal status of principal. Thus, it seems important to deconstruct the concept of the authority and to give legal definition of this term. Firstly, the work will critically review four basic concepts of authority which are presented in the works of legal scholars. Secondly, the work will come to light scope and limits of the agent’s authority and discuss phenomena of “tacit authority” and “apparent authority”, because knowledge about both institutes is demanded by practicing lawyers. Finally, the work will analyze dynamics of the Russian court practice in perception of interpretations given by the Supreme Court Plenum in 2015.

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