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REPRESENTACIÓN, MANDATO Y PODER

Ignacio GALINDO GARFIAS *

The writer points out the com-plex juridical connection between the ma-tters in the title of his work, which permits him to consider whether, by their nature, the rights and actions which result from the re-presentation, are transferrable or nontrans-ferrable; he considers that it is indispensable to carefully distinguish between the act which grants it, from the juridical efficiency of the acts of the representative, and thence, makes a distinction between the mandate and the validity of the powers of attorney exercised. Of course -in the author's opi-nion- the source is determined by the legal ordinance or by the will of the legal representative; he points out that in voluntary representation, of the existence and validity of a contract, are requirements which must be considered. In turn, the author notes that managers and administrators of civil or business corporations purport legal repre-sentation in connection with the exercise of such rights or powers; but within the limits of the exercise of acts necessary for or ten-ding toward the particular objective of the corporation. Within an examination of the ele-ments of representation, the author considers a declaration of the will of the principal; a replacement of the will of the principal by the will of the representative is operable, with due consideration of the legal bond which ties them together; this determines a distin-ction between the representation, the man-date, and the powers of attorney. The author concludes his work with a reference to the differential characteristics of these three legal elements.

*Investigador en el Instituto de Investigaciones Jurídicas de la UNAM.

 
 

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