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27 Essay

4305 words - 17 pages

Tema 26 del temario de acceso al Cuerpo de aspirante al Cuerpo de registradores de la propiedad, mercantiles y de bienes muebles de España , redactado por don Andrés Ylla y revisado por doña Mará Antonio Angulo Fernández. Disponible en http://www.notariosyregistradores.com/opositores/1-temas-registros.htm; fecha de la consulta: 06/11/2014LA REPRESENTACIÓN EN LOS NEGOCIOS JURÍDICOS. REPRESENTACIÓN DIRECTA E INDIRECTA. REPRESENTACIÓN VOLUNTARIA Y LEGAL. AUTOCONTRATACIÓN. EXTINCIÓN DE LA REPRESENTACIÓN.EL PODER IRREVOCABLE Y LA SUBSISTENCIA DEL PODER EXTINGUIDO.LA REPRESENTACIÓN EN LOS NEGOCIOS JURÍDICOSLa teoría de la representación aplicada a los negocios jurídicos presenta múltiples problemas por las siguientes causas:-No existe en nuestro Código Civil una regulación sistemática de la institución de la representación, aunque sí algunos supuestos de representación legal. De ahí que su regulación resulte de principios extraídos de diversos lugares, principalmente del contrato de mandato y del artículo 1259, único que alude directamente a la representación.-Porque bajo el nombre de representación incluye la doctrina distintas categorías que presentan entre sí notables diferencias, así la representación legal, voluntaria, directa e indirecta, que veremos después.Podemos definir la representación como la facultad conferida a una persona (representante) por la ley o a través de un negocio jurídico, de actuar y decidir dentro de ciertos límites en interés o por cuenta de otra (representado).Podemos destacar tres notas esenciales predicables de toda representación:1) El representante actúa por cuenta ajena, en interés del representado, lo que permite distinguirla de figuras afines como el contrato en favor de tercero o la titularidad fiduciaria.2) La representación implica legitimación del representante para actuar con eficacia en la esfera jurídica del representado.3) La representación supone dualidad de personalidades, ya que el representante sustituye a la persona y a la voluntad del representado. Por esta nota se diferencia del mensajero que es mero transmisor de la voluntad de otra persona.En cuanto al ámbito de la representación, aunque se suele tratar a propósito del negocio jurídico, la doctrina moderna señala que la representación es posible no sólo en aquél ámbito, sino también en el de los actos no negociales (como intimaciones, requerimientos), en el ejercicio de derechos y facultades, etc.El contenido de la representación tiene carácter patrimonial exclusivamente, no pudiendo el representante ejercitar actos o derechos...

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