The legal representative is the figure that acts in the interest and on behalf of another person, producing effects in the legal relationships owned by that person (the represented party).
In other words, the legal representative is the one who looks after the interests of another, making decisions in their place with legal repercussions.
As a general rule, in law, the principle is that no one can act legally for another person, but the figure of legal representation is the exception.
Two types of representation must be distinguished:
- The one that is established voluntarily by the person. That is, voluntary representation. One person authorizes another to represent him and will need a power of attorney. This type of representation is not governed by the legal norm, but by the mandate contract.
- The representation that is established by law. That is, legal representation. This type of representation is subject to the rules of the Civil Code. This is established in order to protect the interests of the principal. For example, the legal representation of minors, that is, parental authority.
Characteristics of the legal representative
The main characteristics of the legal representative are:
- The legal representatives act in the interests of the represented party.
- The representatives do not have the obligation to respect the will of the represented party, since they look after their interests due to their need for representation. On the other hand, if the representation is voluntary, it must fully respect their wishes. The powers, scope and duration depend on the will of the represented party.
- He has the obligation to take care of the interest of the represented party even once the representation ends, while the person he represents or another representative cannot take charge of him.
- The representative acts on behalf of and on behalf of the principal. This means that, if the representative acts in legal traffic with a third person, this business links that third person with the represented and not with the representative.
Types of legal representation
The legal representations assessed in the civil code are:
- Legal representative of the minor: Minors must be represented so that they can look after their interests and take care of them. Those entitled to this type of representation are the parents, through parental authority, or a guardian, through guardianship.
- Parental authority: Parents must manage their children’s assets. Within this representation is the obligation of clothing, food, educating them and keeping them in company.
- Guardianship: The guardian is the legal representative of the minor who does not have sufficient capacity. Unlike parental authority, they are not the parents. The guardian is supervised and controlled by the prosecutor’s office and the judge, contrary to what happens in parental authority.
- Organic representation: This refers to natural persons acting on behalf of legal persons. It is legal because it is necessary despite its voluntary origin.