Power of representation

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Under representative authority means the authority of a natural person , by legal transactions acting in representation legal effects bringing about for or against the principal.


Power of representation to be exercised by other persons is only required in the case of private individuals if they are not allowed to act themselves (e.g. in the event of lack of legal capacity ), can (due to guardianship ) or want to ( legal representative ). Legal persons or associations of persons are not able to act as such, but only acquire their capacity to act through the administrator . So who represents the Executive Board as a body , the company outward, first through the board members can be implemented as incumbents. Actions by the governing body directly represent actions of the legal person or association of persons, but are not a case of legal representation .

Legal issues

Power of representation is a legal term which , in accordance with Section 164 of the German Civil Code, applies to declarations of intent made by the representative on behalf of the person represented; it works directly for and against the person represented. This is directly entitled and obliged from legal transactions under the law of obligations . The power of representation can be limited by the represented person with the help of the power of attorney . The power of representation can only relate to a specific single legal transaction ( special power of attorney , for example in the case of a property purchase agreement ), a specific type of legal transaction ( generic or type power of attorney , for example for all banking transactions ) or comprehensively cover all possible legal transactions ( general power of attorney ). The power of representation can therefore range from comprehensive power of representation to representatives without power of representation .

The power of representation is abstract from the underlying internal relationship between the representative and the person represented (principle of abstraction ), so that a restriction resulting only from the internal relationship (the “may”) does not affect the power of representation in the external relationship. If the representative exceeds his power of representation in an external relationship, there is representation without power of representation ( Latin falsus procurator ), which the person represented can subsequently approve or reject ( Section 177 (1) BGB).


Depending on the legal source, there is legal, legal or organizational power of representation:

While the legal and organizational power of representation are usually unlimited, the legal power of representation is usually limited in scope.


The available power, in contrast to the authorization is not certain to undertake actions against third parties, for the disposal is quite a commercial transaction. Therefore, that is living will a disposition containing the consent to or refusal of certain medical measures.

Web links

Wiktionary: Power of representation  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. Heinz Hübner, General Part of the Civil Code , 1996, p. 516
  2. ^ Alpmann Brockhaus, Fachlexikon Recht , 2005, p. 1456
  3. Reinhard Bork, General Part of the Civil Code , 2006, p. 541
  4. Kurt Schellhammer, Law of Obligations according to Claim Basis , 2011, p. 1117
  5. BGHZ, 98, 140
  6. Andreas Staufer / Daniel Hülsmeyer / Thorsten Kohlmann, living will, power of attorney and Co. for dummies , 2012, p. 200