The purpose of the power of attorney agreement is to deal with work, but its subject matter is human labor or activities. A non-act (avoidance) act or material acts that are in the nature of unjust acts will prevent the formation of a power of attorney agreement. Our Code of Obligations 386-398. Ordinary power of attorney. In the following articles, other types of power of attorney, letter of reputation, dictation of reputation and bellmanhood (brokering) are discussed.
In order for the power of attorney agreement to be valid, it is necessary to comply with the law and morality as much as possible. The power of attorney agreement occurs when the other party accepts it. However, Article 387 states that; Da the proxy is deemed to have been accepted if there is no immediate refusal in the event that the agent has an official capacity or enters the profession or publicly provides his services. will be established. Upon the occurrence of the contract, the attorney is obliged to see the work or services provided to him in accordance with the contract (art. 388/1).
The scope of the proxy is understood primarily from the contract and from the client’s instructions. If the scope of the power of attorney cannot be distinguished in this way, it is determined by the nature of the work to which it relates. In this case, the attorney will be able to consider the subject of the job, the nature of the job, the purpose of the job, the purpose of the job, the characteristics of the event and the practices in this regard. The client then has the opportunity to expand and narrow the power of attorney whose scope is determined by the instructions to be given later. The power of attorney agreement also includes the mandatory legal proceedings for the performance of the contracted work. However, for some important transactions, the proxy is required to have special authority.
The law lists the transactions requiring special authorization. Lawsuits, settlement, arbitration, foreign exchange commitments, forgiveness, real estate assignment and real estate rights on real estate transactions are required to assign special powers to the attorney. The search for special powers in special arrangements does not only serve to protect the client, but also affects third parties in legal relations with the agent. This counting process, which brings a legal limitation to the scope of the power of attorney, should be regarded as a limitation (limitation), not as an example.
Obligations and Responsibilities of the Proxy
As stated in the decision of the Court of Cassation (E: 2004/14912 N: 2005/715), the power of attorney agreement is largely based on the mutual trust of the parties. Most of the debts of the attorney arise from this element of trust and requires the attorney to act in accordance with the benefit and will of the appointee. The debt of loyalty and diligence has been accepted as the principal debt of the attorney and is mentioned in paragraph 2 of article 390. Based on this, the attorney will be held accountable under paragraph 1 of Article 390 for transactions incompatible with the benefit of the client, as is the obligation to avoid any behavior that may harm the client. In addition, the responsibility will be brought to the agenda due to negligence and carelessness during the execution and management of the work. The attorney will not be responsible for not achieving the results he / she has achieved while working, but will be responsible for not observing his / her activities in order to achieve the results.
The duty of care of the attorney is eliminated with the performance of the work. However, the loyalty obligation and the obligation to keep secrets arising from this loyalty obligation continue after the end of the proxy. There is no provision in the Code of Obligations regarding the secrecy of the attorney. However, as a result of the mutual trust relationship, the attorney is obliged to keep the client’s secrets learned due to the performance of the attorney. In the event that the attorney harms his client with contradictory behaviors, his responsibility shall arise in accordance with Article 398. The attorney is also deemed to undertake the information debt and the obligation to advise on the performance of the work as required by the loyalty debt.
As a rule, the attorney has to do the work he has committed himself and cannot see this work to anyone else. This is due to the importance of trust in the power of attorney. However, if the client allows the work to be made available to someone else, or if it is necessary or customary to do so, the attorney can substitute him or her for the job. The attorney may leave the performance of certain tasks to the assistants. The responsibility for the actions of these assistants is BK. M. is subject to 100. The other form of substituting a proxy is a substitute proxy. In the subrogation of the substitute, the attorney leaves the performance of the debts arising from the attorney to someone else with a contract signed on behalf of the attorney. In accordance with paragraph 1 of Article 391, he shall be liable for the acts of the person he substitutes outside the authority of the attorney as if they were his own acts. Paragraph 2 of the same article states that the representative will be held responsible for not showing the necessary care and attention in selecting and replacing the person he / she has placed in his / her place.