Tolerance power of attorney
In jurisprudence, a form of power of attorney is referred to as a tolerance power of attorney , in which the person represented knows about the action of a person who appears as his (alleged) representative , but does not intervene against this action.
In the interests of the business opponent , who can rely on this behavior, the person represented must allow himself to be treated accordingly as if he had effectively granted power of attorney (see legal certificate ).
From a legal point of view, there is no express power of attorney in the case of a toleration power of attorney, but the toleration or failure to act is viewed by part of the teaching as an implied declaration of intent to tolerate committed or future actions within the framework of the toleration power of attorney .
A power of attorney to tolerate is possible even if the representative appears once without the power of representation, even if this has not even occurred to the third party concerned.
Must be distinguished is the estoppel by the apparent authority where the person represented knows nothing of the "representation".
Individual evidence
- ↑ cf. OLG Koblenz of June 21, 1990, Az .: 5 U 1065/89, GmbHR 1991, 315
