Representante Legal Codigo Civil Chile

The effects of legal or voluntary representation are the same: the rights and obligations of the act are rooted in the property of the person depicted, as if he had committed himself. Several centuries later, Domat, and especially Pothier, in their remarkable studies of civil law, spoke of this institution and distinguished it from the mandate. (Pothier, commitments, nos. 53, 74, 75, 82). The eminent jurist Ihering was the first to clearly distinguish the difference between representation and mandate, which were generally confused among writers. Sometimes, he said, they are not considered equivalent, but even in some cases where they are confused, they refer to two completely different sides of the legal relationship. In fact, the words agent and contracting authority in the representation by mandate designate the relative relationship of these two persons, the internal aspect of the legal relationship, while the words representing and representing their capacity vis-à-vis third parties, their absolute character, designate the external aspect of the legal relationship. There are representatives who are not representatives (the alternate) and representatives who are not representatives (for example, the guardian who entered into the contract as a representative and not as an alternate). (Further studies on the spirit of Roman law. VI. From cooperation to someone else`s legal acts). It follows from article 1448 that representation may have its origin in the law or in the will of the person represented. Representation can therefore be legal or forced and voluntary.

The latter is subdivided into mandate, power or ratification. This obligation, known as representation, is not covered by contract, since there may be a mandate without representation and a representation without a mandate. A mandate without representation exists if the representative engages in his own name, because in this case he is personally bound and does not bind the client apart from the act vis-à-vis third parties. There is representation without a warrant, in the case of the parent representing his minor child, the tutor or guardian represents by a legal provision certain legally incapable persons who not only have not concluded a mandate contract; But sometimes they are absolutely unable to do so, as is the case with the mentally ill or unpunished. It is generally argued that the mandate can be legal, judicial and contractual. It`s a mistake. The mandate is a contract created by contesting the wills of the client and the agent, which can only have its origin in this competition. This error is caused by the confusion of the command with the display. The latter may have legal origins, such as being the curator of an incapable person; judicially, e.g. when the courts appoint a joint prosecutor for the trial, a receiver, etc., or contractually, if a mandate contract is concluded. On page 274 in total, these cases have the representation of another person and the acts performed by the curator, the deputy trial prosecutor or the agent have their legal effect in their representation.

It is therefore a representation, which can be of contractual, quasi-contractual or legal origin; but not the mandate, which is a treaty and as such can only arise by the consent of the will of the parties. The representative is nothing more than a messenger, a spokesperson who more or less mechanically transmits the will of the represented party, so that the contract is effectively and validly concluded between the represented party and the third party. Representation is a form of act by virtue of which the effects of the act or contract performed or concluded by a person appointed as a representative; In the name of others, called representative, they are placed directly and immediately in the person of the person represented. This theory is taken up by our doctrine and jurisprudence. The first condition for representation is that the representative expresses his will. Article 1448 says it very clearly: «what one person does on behalf of another». And he adds: «It produces the same effects compared to the guards as if he had adapted. According to this commandment, what a person performs or the contract celebrated at page 277, the representative who expresses his personal will and not that of the person depicted has the same effect.

A person`s legal representatives are one or both parents, the adopter and his or her guardian or guardian.