Civil Law (power of attorney)

Zhanat Alimanov, assistant professor

Terms

1. Power of attorney – доверенность

2. Title – право собственности

Plan (state enterprises)

1. Power of attorney vs. Contract

1. Power of attorney (доверенность) vs. Contract

Example

Aibek is selling his Toyota

Camry to Ivan for

USD 35,000.

Aibek says to Ivan, “It’s a

nice car. Take it, and you

won’t be sorry.”

Ivan likes the car, and would

like to buy it.

Example

Let’s assume that Aibek takesUSD 35,000, and says to Ivan

“I can give you a power ofattorney instead of contract.”

Can they arrange their contract in such way?

Example

What is

Power of Attorney?

Example

What is

Power of Attorney?

Find in the Civil Code.

Example

Let’s assume that Aibek dies after 3

days. His heirs do not know anything

about the power of attorney, and the

deal.

They demand the car back.

1. Do they have the title?

2. Who is owner of the car?

3. What happens with the power of attorney?

Example

Let’s assume another situation:after taking the money, next dayAibek calls to Ivan and says,

“I withdraw the power of attorney.”

And to be on the safe side, sendsIvan notarized withdrawal.

What are the consequences?

Example

Find in the Civil Code.

Example

Ivan demands money back, Aibek

says that he does not remember

any contract and transfer of

money.

What are the consequences?

Example

Find in the Civil Code.

Example

Let’s assume that Aibek gaveIvan the power of attorney for 3years.

Ivan did not have time to re-register the car for 4 years. Onthe 4th year, he would like to doit.

Can he do it?

Example

Find in the Civil Code.

Example

Let’s assume that Ivan did not

re-register the car for 2 years.

Who has obligation to pay transportation tax?

Example

Let’s assume that Ivan did not

re-register the car for 2 years.

Who has obligation to pay transportation tax?

Aibek.