Civil Law (power of attorney)

1. Civil Law (power of attorney) Zhanat Alimanov, assistant professor

2. Terms • Power of attorney – доверенность • Title – право собственности

3. Power of attorney vs. Contract Plan (state enterprises)

4. 1. Power of attorney (доверенность)vs. Contract

5. 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

6. 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

7. What is Power of Attorney? Example

8. What is Power of Attorney? Find in the Civil Code. Example

9. 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

10. 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

11. Find in the Civil Code. Example

12. Ivan demands money back, Aibek says that he does not remember any contract and transfer of money. What are the consequences? Example

13. Find in the Civil Code. Example

14. 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 4th year, he would like to do it. Can he do it? Example

15. Find in the Civil Code. Example

16. Let’s assume that Ivan did not re-register the car for 2 years. Who has obligation to pay transportation tax? Example

17. Let’s assume that Ivan did not re-register the car for 2 years. Who has obligation to pay transportation tax? Aibek. Example