Representation in government institutions
Representation in state and municipal institutions arises when legal transactions or other legal actions on behalf of and in the interest of the parties to legal relations are performed by other individuals—representatives. Representatives act in the name of the person they represent, meaning that the legal consequences of these actions—such as the creation, alteration, or termination of rights and obligations—apply to the represented party, not to the representative.
Article 2.132 of the Lithuanian Civil Code states that individuals have the right to conclude transactions through representatives. However, it also outlines exceptions—certain transactions that cannot be carried out through a representative.
These are transactions which, due to their specific nature, can only be concluded personally by the legal subjects (such as marriage, making a will, etc.), as well as other transactions specified by law.
A relationship of trust (fiduciary relationship) forms between the representative and the represented party. The representative must act in the best interest of the represented individual and may not confuse their personal interests with those of the person they represent. Therefore, the Civil Code establishes limits on the representative’s powers, which they must not exceed.
The Institution of Representation in Lithuania
The institution of representation is of particular importance. It allows for the implementation of an individual’s rights and obligations without requiring the individual to act personally. Representation is especially important in cases where a person is unable to act independently due to physical disability, lack of legal capacity, or insufficient knowledge and skills. Appointing a competent representative with legal knowledge to perform necessary actions on behalf of the represented individual in state or municipal institutions is highly beneficial. In such cases, the represented person can be assured that their rights and legitimate interests will not be violated, and that all necessary legal actions will be properly and timely executed.