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2.1.2. The representation - the remedial relation

Definition of remedial representation as remedial legal relation originates in offered in HGH a century Bjullovym right concepts as systems of legal relations. This concept in the short term has won set of supporters in which number there were known Russian jurists and protsessualisty, such as Golmsten, Vaskovsky, Шершеневич1.
G.F.Shershenevich has offered following definition of representation in civil law: «the Representation - is the relation in which force of a consequence of transactions, by the perfect one person on behalf of another, are directly transferred on the last».2 With reference to the civil remedial 1 Golmsten A.H.textbook of Russian civil procedure. SPb., 1913. With. 4. 2 Shershenevich G. F. The textbook of Russian civil law. SPb. 1915. Izd. 11. Т.1. С.214. 59 To representation A.H. Golmsten made following definition: «In civil procedure the representative is the person who is carrying out laws of procedure of another on behalf of the one to whom these rights belong, and fulfilling remedial duties on behalf of on whom they lay, and thus so that consequences of its actions have been carried into the account represented» 1. M.S.Shakarjan has defined judicial representation as legal relation in which force one person (court agent) makes legal proceedings within the powers given to it from a name and in interests represented (the party or the third party) owing to what it is direct at the last there are rights and обязанности2. Representation definition as legal relations allows to concentrate attention to the rights and the duties arising within the limits of relations of remedial representation. Traditionally it is underlined, that within the limits of remedial representation arise ' two kinds of relations: between prehundred - «vitelem and represented and between them and court. Within the limits of the first kind the representative is allocated with civil remedial powers. Within the limits of the second there is an admission its court to participation in process. For this reason to approve that within the limits of remedial representation the remedial relations which obligatory subject is the court take place only, it is impossible. It would be more logical to divide arising legal relations into three kinds: relations between the representative and represented owing to which realisation the representative is allocated with power; legal relation between the representative and court in the course of fulfilment of legal proceedings by it; legal relation 1 Golmsten A.H.textbook of Russian civil legal proceedings. SPb., 1913. Izd. 5. With. 118. 2 Shakarjan M. S. Representation in court \\the Civil law of procedure Russia. M, the Bylina. 1996. С.85. 60 Between represented and the court, growing out of realisation internal and external правоотношения1. It is necessary to notice, that these three kinds of relations do not settle the maintenance of remedial representation. The representative as the person who is carrying out public functions on rendering of legal aid should perform corresponding public duties. The state should acquire the right to establish certain requirements to the remedial representative and its relations with the represented. With reference to contractual representation these relations cannot and should not is under construction only on the basis of the contract between the representative and represented. The state cannot remain indifferent to the one who and how much qualitatively renders a legal aid at representation in vessels. Thus, consideration of remedial representation as legal relations allows to study more deeply the separate parties of judicial representation, to investigate the rights and duties of the parties of this legal relation, helps to establish the valid position of the representative in process as the subject simultaneously public and is private-legal relations.
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A source: Khalatov, Sergey Aleksandrovich. Problems of representation in civil Legal proceedings / thesis. 2002

More on topic 2.1.2. The representation - the remedial relation:

  1. § 3.1. Preconditions of development of remedial representation
  2. a parity of the legal remedial fact with legal remedial legal relation
  3. § 2.2. Remedial independence of the inspector and its mutual relation with other imperious subjects of the criminal trial
  4. the Remedial status of the deceased person in which relation the criminal trial
  5. the Remedial status of the person in which relation manufacture about application of forced measures of medical character
  6. § 3. Functionally-genetic relation material and remedial Rules of law in legal relations
  7. 2.2. Forms of influence of a judgement on legal relation: - Occurrence of rights and duties; - Legal relation change; - The legal relation termination
  8. § 1. The reasons causing remedial features of consideration of corporate disputes. The special remedial Norms
  9. Chapter 1. The remedial fact and remedial structure
  10. § 2. Remedial domination of the public prosecutor and remedial independence of the inspector
  11. a problem of definition of the remedial status and remedial function of the teacher (psychologist)
  12. the concept of the electronic legal remedial facts of civil legal proceedings as result of reforming of the remedial legislation of Russia
  13. § 2.1. Concept of representation
  14. 2.1.3. Representation - institute of the civil law of procedure
  15. 2.5. Remedial decisions about divorce. 0бщие remedial decisions. Separate kinds of divorce case.