Yakovlev A.V. Concept of representation in Anglo-American law and order: Some legal aspects

Abstract: The article investigates certain legal issues of the institute of representation in the American law in cooperation with third parties. Attention is paid not only to the rather contradictory definition of representation in American legal literature, but also to the principles that allow law enforcers to ascertain the presence or absence of representation. It is noted that the legal order of American law system defines several approaches to the legal position of subjects in the representation based on the legal relationship of its elements and depending on the existing structure: principal – agent, principal – third party, agent – third person. The key to understanding relations in the representation in terms of the American concept of law is to determine the status of the principal in relation to the third party. The article describes practices and criteria of the existing concept set out in the Restatement Second & Third of Agency. The revision of legal approaches to explaining the nature of authority resulted in the emergence of another kind of authority, namely inherent authority, the concept of which was first defined in the Restatement Second of Agency. The fundamental approach of American legal science allows to speak about the unification of the various kinds of doctrinal interpretations of representation and narrowing of the scope of its use by American law enforcers. The recognition of legal relationship of representation requires the participation of two special subjects, namely principal and agent; in this case, third party is optional.

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