О ПОЈМУ И ВРСТАМА ЗАСТУПНИШТВА
ON THE CONCEPT AND TYPES OF AGENCY

Summary/Abstract: The author critisizes the definition according to which agency is the execution of legal matters on behalf and for the account of another i.e. for the account of the represented. The designation „for the account of another” has sense in the case of a commission transaction; in the case of agency, it is redundant and also does not say anything, since the represented directly acquires rights and obligations from the transaction with the third person (the agent’s co-contractor), so the question of subsequent transfer of the effects of the transaction on/to him does not arise. The necessary and useful unauthorised execution of another’s business, according to the author, is a variant of legal agency since the unauthorised executor, on the basis of the hypothesis of the transaction under the legal authority — and the undertaken transaction — directly engages in a legal relationship between the initiator of the transaction and the third person (although, according to the literary interpretation of the Law of Obligations of 1978, the direct legal relationship is established between the unauthorised executor and the third person). Regarding the fact as to where or how the authority is formulated for the agency transaction and also who is the person appointing the agent, the author distinguishes non-contractual and contractual agency. Non-contractual agency may be in the form of legal, legal and judicial and judicial (agency). Contractual agency is every form of agency which has been entered into on the basis of the will of the represented person, regardless of whether the authority for the agency transaction is derived from the contract of the singular statement of the person giving the authority. The statement of the person giving the authority is accepted by the agent in this caso too, but only subsequently; according to the general rules governing the statement of will, this can be done subsequently, but not later than by the very act of undertaking of the transaction of behalf of the represented person. Acting of behalf of the represented person necessarily also means the acceptance of the authority for agency (given by singular statement of the person giving the authority) if the statement of acceptance has not been given earlier.

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