Civil Law (power of attorney) Zhanat Alimanov, assistant professor.
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Transcript of Civil Law (power of attorney) Zhanat Alimanov, assistant professor.
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 takesUSD 35,000, and says to Ivan
“I can give you a power ofattorney instead of contract.”
Can they arrange their contract in such way?
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 dayAibek calls to Ivan and says,
“I withdraw the power of attorney.”
And to be on the safe side, sendsIvan notarized withdrawal.
What are the consequences?
Example
Ivan demands money back, Aibek
says that he does not remember
any contract and transfer of
money.
What are the consequences?
Example
Let’s assume that Aibek gaveIvan the power of attorney for 3years.
Ivan did not have time to re-register the car for 4 years. Onthe 4th year, he would like to doit.
Can he do it?
Example
Let’s assume that Ivan did not
re-register the car for 2 years.
Who has obligation to pay transportation tax?