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 takes USD 35,000, and says to Ivan “I can give you a power of attorney 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 day Aibek calls to Ivan and says, “I withdraw the power of attorney.” And to be on the safe side, sends Ivan 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 gave Ivan the power of attorney for 3 years. Ivan did not have time to re- register the car for 4 years. On the 4 th year, he would like to do it. 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.