Krasheninnikov, E.A. , Baigusheva, Y.V. Definition and application of sub-delegation

Abstract: Analyzing sub-delegation the authors differentiate sub-delegation as such, when a representative provides its substitute with the competence in order to become a new representative for a represented entity (person), and so-called under-delegation, when a representative assigns a substitute for himself as a representative of a represented entity(person). The article substantiates conclusions that in any type of sub-delegation there is no transition of competence, rather a new competence is formed for performing actions, which were initially entrusted on a party involved in sub-delegation. When there is a sub-delegation as such, the primary competence is terminated, and in the cases of under-delegation it remains after the substitute competence appears. The sub-delegation under p.1 of the Art. 187 of the Civil Code of the Russian Federation in unexpected circumstances is an under-delegation, and both the voluntary representative and the lawful representative may issue competence for the actions within the scope of his original competence. The authors discuss the shortcomings of the current provisions of the Civil Code of the Russian Federation on sub-delegation and make propositions de lege ferenda.

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