Diversity of Legal Forms of Representation: Problematic Issues and Development Prospects

Abstract

This article is devoted to the legal forms of establishing representation relations: power of attorney and contracts. It concludes that the processes of digitalization and the transfer of legal personality from one entity to another are similar. The main legal problems of both processes are similar – the problem of verification of the so-called "primary" person – the principal and, accordingly, the user. In addition, the author suggests that the problem of correct user identification has caused the development of the Web 3.0 concept, which involves a conceptual change in legal relations – not only subjects, but also objects become their participants. The author expresses the opinion that the relations of representation are not formed by any agency agreement, but only by an agency agreement related to assignment agreements. The article also notes the legal and technical disadvantages of the design of agency agreements – for example, the fact that their subject cannot be ordinary actions – the actions of agents can be either legal or transactions. The relations of the representative office with the foreign element are also the subject of the research conducted in this article. The right of the principal to subordinate the power of attorney to foreign law is criticized, which does not fully comply with the principle of the impossibility of imposing obligations on a third party – it turns out that the will of the principal, aimed at choosing the law, binds a third party who is not bound by the relevant legal relationship".