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Ограничение свободы усмотрения лица при решении вопроса о существовании представительства
As a general rule, participants in civil law relations are free to choose whether to engage representatives to exercise their rights or perform their duties. In other words, by default we proceed from the free discretion of the empowered (obliged) person in deciding on the existence of representation (agency). The present article deals with deviations from this general rule. The restrictions of this freedom can occur in two main directions: some transactions can be carried out exclusively in person, without involving representatives; in some other cases the law provides that rights can be exercised exclusively through representatives (agents).
Review of such restrictions makes it possible to identify the most typical purposes of such restrictions and to try to answer the question of their nature. For the sake of completeness, the article also analyses judicial practice and comparative context.