Vertretungsanmaßung

Vertretungsanmaßung, often translated as "assumption of representation" or "acting as agent without authority," is a legal concept primarily found in civil law jurisdictions. It describes a situation where an individual acts on behalf of another person without having been granted proper authorization or power of attorney.

The core of Vertretungsanmaßung lies in the apparent, yet unauthorized, representation of another. This means that to an objective observer, it appears as though the acting individual has the legal right to represent the principal. However, upon closer examination, this authority is absent.

While generally invalid in its purest form, as a contract entered into by someone without authority is typically not binding on the principal, some legal systems recognize exceptions or consequences. This can occur if the principal, by their conduct, creates the appearance of authority, leading a third party to reasonably believe the agent is authorized. In such cases, the principal might be estopped from denying the agent's authority, and the legal act could be considered validly concluded concerning them.

Alternatively, Vertretungsanmaßung can sometimes lead to liability for the unauthorized agent, either towards the principal for damages or towards the third party if the principal does not ratify the act. The specific legal ramifications depend heavily on the jurisdiction and the factual circumstances of the case. The doctrine aims to balance the protection of principals from unauthorized acts with the need for legal certainty in commercial transactions.