Atstovo įgaliojimų viršijimas – teorija ir praktika.
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Each developed economic system is based on the principle of division of labor and can’t be imagined without the delegation of certain powers to agents. Any economic activity, particularly carried out through legal entity, is not able to function without the party’s right to authorize other persons to negotiate and make contracts on behalf of the principal. Due to the complexity of the economic order it is sometimes difficult to a third party to ascertain whether the agent acts with authority. Therefore legal regulation expands the scope of authority of the representatives beyond the actually granted powers—often the need to check the credentials of the representatives is rejected, when it is obvious from the facts that they have been granted necessary powers. Thus the article deals with the concept of extent of authority granted to the representative by the principal. The emphasis is put on the scope of the powers, express, implied and apparent authority, the principal’s right to limit the implied authority, and the right of the representative to exceed the conferred powers under special conditions. Author analyses Lithuanian Supreme Court practice, “soft law”—Principles of European Contract Law, Draft Common Frame of Reference, UNIDROIT principles, as well as experience of European countries in the field of agency law. [...]
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