Comment to article 165. Representation without authority The Civil Code of the Republic of Kazakhstan
A representative may be a person authorized to do so by the will of the person being represented, by legislation, court decision or administrative act, and only within the limits established by the authority (see commentary to art. 163 of the Civil Code, paragraphs 2, 3). Transactions and other legally significant actions committed without authority or exceeding the limits of authority, neither they do not oblige the representative to do anything, unless he approves them later. Therefore, such actions of an unauthorized person or representative in excess of authority are referred to as representation without authority.
Since representation is a legal relationship in accordance with which a certain person - a representative - makes transactions or other legally significant actions in the interests of another person represented - with third parties, transactions or other legally significant actions performed by a representative in excess of authority or by a person not authorized to do so bind the other party (the third party), since, by committing them at her own risk, she knew about the lack of authority or about the excess of her powers by the representative and the need for subsequent approval of the transaction for its validity. If the represented person subsequently approves the transaction, the other party has no right to evade it by referring to the representative's lack of authority or authority. Approval can be expressed in various forms, for example, in accepting products, crediting incoming money, etc.
The subsequent approval by the represented person of a transaction or other legally significant actions performed on his behalf by another person who is not authorized or in excess of authority makes the completed transaction and other legally significant actions valid from the moment of commission.
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The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
