Currently, there are many reasons why the owner does not exercise his rights and obligations himself, so the owner can authorize someone else to do it on his behalf. When performing the authorization, the two parties must form a contract to enter into, so how long is the term of the contract? We invite you to read through the article of Lawyer X to understand and understand the provisions on “How long is the car authorization contract” which can help readers understand more deeply. about law.
Legal grounds
- Civil Code 2015
Regulations on car authorization contracts
Pursuant Article 562 of the 2015 Civil Code stipulates:
“Article 562. Authorization contract
An authorization contract is an agreement between parties whereby the authorized party is obliged to perform work on behalf of the authorizing party, the authorizing party must only pay remuneration if so agreed or provided by law regulations.”
In a proxy relationship, the principal acts on behalf of the principal to perform certain acts that give rise to legal consequences, related to the principal’s interests or the interests of the parties in the legal relationship copper.
A car authorization contract is simply understood as a type of contract in which the principal will grant some basic rights to the authorized person such as use, purchase, sell, dispose of,… stated in the contract.
The authorized person will be allowed to perform legal acts within the scope of authorization specified in the contract.
How long is a car authorization contract?
There are 3 cases to determine the duration of an authorization contract according to Article 563 of the Civil Code 2015 which stipulates:
“Article 563. Term of authorization
The authorization duration shall be agreed upon by the parties or prescribed by law; If there is no agreement and there is no law, the authorization contract is valid for 1 year from the date of establishment of the authorization.”
– Firstly, according to a specific agreement between the authorizing party and the authorized party;
– Second, according to specific provisions of the law;
– Third, the authorization period is clearly defined as 1 year if not in the above cases.
Thus, the duration of the authorization contract will first be agreed upon by the parties themselves.
The authorizing party and the authorized party are free to choose a suitable period for the authorization period. Usually a specified time or until the authorized work is completed.
Notarization when authorizing cars?
Article 55 of the Law on Notary 2014 stipulates the procedures for notarization of authorization contracts, but not mandatory except for a few cases specified in specialized documents:
– Authorization for civil status registration (Article 2 of Circular 15/2015/TT-BTP)
– Authorization of husband and wife to agree on surrogacy (Clause 2, Article 96 of the Law on Marriage and Family 2014)
Thus, the authorization contract does not automatically have to be notarized or authenticated to be valid except in some mandatory cases.
The car authorization contract does not fall into one of the above cases, so it is not required to be notarized or authenticated.
Notarization procedures for authorization to use a car
– The notarization procedure for car authorization carried out in the same order as the general procedure when notarizing the authorization contract under the Law on Notarization 2014.
– Documents to be prepared include:
Documents provided by the authorized party
– Personal legal papers: ID card, citizen identification card, passport, household registration book.
– Documents proving car ownership: Registration and registration of cars.
– Other documents related to the car under the name of the authorized person.
Documents provided by an authorized party
– Personal legal papers: ID card, citizen identification card, passport, household registration book.
Other documents required
– Car authorization contract
– Papers relating to the identification of the common property and separate property for the car.
– Documents proving the capacity for civil acts.
– Papers on the right of representation (if any).
Note when agreeing on the authorization term
Many cases related to the authorization period, especially in disputes between banks and customers. According to trial practice, the court maintains that it is necessary to clearly define the time limit for the expiration of the power of attorney.
Therefore, when agreeing on the term of the authorization contract, the parties should note the agreement on a specific day, month, year, or several days, months, or years from the effective date of the authorization contract permission.
Besides, in addition to agreeing on the expiration of the authorization term, the authorization contract will automatically terminated in the following cases:
– The authorized work has been completed;
– The representative or the representative unilaterally terminates the authorization;
– The person being represented, the representative being an individual dies; the represented person, the representative being a legal entity ceases to exist;
– The representative no longer meets the conditions suitable for civil transactions established and performed;
– Other grounds make the representation impossible.
Termination of authorization contract
According to the provisions of Article 589 of the Civil Code 2015 as follows:
“Article 589. Termination of authorization contract
The authorization contract shall terminate in the following cases:
1. The authorization contract expires
2. The authorized work has been completed;
3. The authorizing party, the authorized party unilaterally terminates the performance of the contract as prescribed in Article 588 of this Code;
4. The authorizing party or the authorized party dies declared by the commission to have lost civil act capacity, has restricted civil act capacity, missing or is dead.”
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Frequently asked questions
– Perform the work as authorized and notify the authorized party about the performance of the above work
– Notify the third party in the authorization relationship about the duration and scope of authorization and the amendment and supplement to the scope of authorization under the contract.
– Preserve and maintain documents and vehicles assigned to perform the authorization
– Keep confidential the information that you know while performing the authorization as prescribed
– Return to the principal the property received and the benefits obtained during the performance of the authorization as agreed or by the provisions of applicable law.
Under Article 11 of Circular 15/2014 TT-BCA, in case the car seller is the legal owner of the vehicle when buying and selling, both parties with registered permanent residence within the same province will not have to procedures to withdraw the original documents of the vehicle.
Conclusion: So the above is Term of car authorization contract in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
