Many life situations can occur, when the person responsible for the disclaimer can not be there personally at the signing of the contract. Usually this happens when a certain apartment has more owners or there is a beneficiary on the lessor’s side. In these cases it is good to take care of a valid authorization even before you would start advertising an apartment, since it can be very unpleasant, if a valid lease contract can not be made just because the owners or beneficiarians can not be present at the signing of the contract. An authorisation can be made by a lawyer or a notary, but they can include their will in a a private document of full probative value as well.
How does the law behest about the power of attorney letter?
Act V of 2013 on the Civil Code discusses the provisions applicable to power of attorney, among the rules on representation.
6:11. § [Representation]
- Unless otherwise provided by this Act, a declaration of rights may be made through another person. The legal declaration made by the representative entitles and obliges the representative directly.
- The right of representation may be based on law, a court or authority decision, a memorandum or articles of association.
6:15. § [Authorization]
- The power of attorney is an unilateral legal declaration establishing the right of representation. The power of attorney shall be addressed to the representative, the concerned authority, the court or the person to whom the power of attorney entitles the representative to make a declaration of rights. (However, by signing the proxy, he certifies that he is aware of the right of representation.)
- For a legal declaration formalities are required, as required by law for a declaration of rights which may be made on the basis of a power of attorney.
- The power of attorney is valid until it is revoked.
- Waiver of the right to limit and revoke the power of attorney is void. The limitation and revocation of the power of attorney to a third party shall take effect if he knew or ought to have known about it.
- A person with legal capacity on the basis of a power of attorney may also be represented by a person with limited legal capacity or partially limited legal capacity.
The minimal content requirements for a power of attorney
- Recording the mandator’s information required for personal identification
- Recording the proxy’s information required for personal identification
- Recording the subject of the authorization. (A power of attorney is not a permanent representation, the proxy is only entitled to be represented during certain proceedings or in respect of a procedural act.)
Management of matters related to public utilities by delegation
It is good to know that most service providers have their own authorization form. It is the best to go “for sure” and using the model of the given service provider, if the authorization also covers the procedure before the public utilities.