Are sales contracts concluded with direct representation without power, ineffective or void?

• Autores: Serrano Hernandez, Boris Anderson, Loayza Berrocal, Zenia Lizbeth, Higinio Casas, Jorge José, Cabrera Cabrera, Xiomara
• Formato: artículo
• Fecha de Publicación: 2024
• Institución: Colegio de Abogados de Lambayeque
• Repositorio: CAL-Chornancap
• Lenguaje: español; inglés
• OAI Identifier: oai:www.icallambayeque.org.pe/rjchornancap:article/71
• Enlace del recurso: https://revistajuridicachornancap.icallambayeque.org.pe/index.php/oficial/article/view/71
• Nivel de acceso: acceso abierto
• Materia: Nulidad; Ineficacia; Falso Procurador; Legitimación; Compraventa; Nullity; Invalidity; Unauthorized agent; Standing; Sale and purchase agreement

The investigation needs to determine if a correct interpretation of article 161 of the Civil Code is being carried out, regarding the responsibility that arises in those acts of sale carried out by a false attorney, since currently multiple cases are being evidenced through which, people without scruples use a power of representation that they do not hold to defraud and harm people in good faith who acquire properties for consideration, with the sole purpose of enriching themselves at the expense of others, in Peru there are cases of false representation where People are stripped of their property when they want to make their dream of owning a home a reality. For this work, conceptual variables related to representation and the false attorney were analyzed, using doctrine and jurisprudence to better understand the criteria used in our country to resolve this conflict. The objective was to determine doctrinal and jurisprudential criteria for interpretation regarding article 161 of the Civil Code, which helps confront the illegal sale of real estate properties by false attorneys. For this reason, the Peruvian legal system is analyzed if the regulations related to the subject, currently having legal relevance on the representation of the false representative entered into through a contract in the name of the false representative, may be ineffective and void, which attributes responsibility to the represented party. The research is qualitative, considering the review of indexed magazines, newspapers, undergraduate and graduate theses, books, among others.