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Should the entrusted agent bear legal liability

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Should the entrusted agent bear legal liability


        

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  • 2024-06-18 20:00:01

    The entrusted agent will not bear legal liability as long as it does not exceed the agency authority.

    Entrusted agent is also called "trustee". It refers to the person who exercises the agency power according to the entrustment of the principal. It is a kind of agent. The entrusted agent may be a citizen or a legal person; When the entrusted agent is a citizen, he must have the corresponding capacity for civil rights. When the entrusted agent is a legal person, the entrusted matters must conform to its business purpose and scope.

    The entrusted agent has the following characteristics: 1. The occurrence of the agency power is based on the authorization of the parties, legal representatives and legal representatives, rather than being stipulated by law. 2. Unless otherwise specified by law, the matters and authority of the agent are generally decided by the principal himself, and the entrusted agent can only carry out activities within the scope of the principal's authorization. 3. If a party, legal representative or legal agent entrusts another person to act on his behalf in litigation, he must submit a power of attorney to the people's court to which the lawsuit is filed.

    The entrusted agent shall exercise the power of agency according to the entrustment of the principal. In addition, the entrusted agent has the right to resign the entrustment at any time, but should timely notify the principal, that is, the principal and the relevant parties, otherwise the entrusted agent shall bear the losses caused thereby. The entrusted agent shall exercise the power of agency properly and reasonably, and shall not abuse the power of agency to damage the principal's interests. If an entrusted agent acts within the scope of authorization, the legal consequences directly belong to the principal. The entrusted agent shall be liable if he causes damage to a third party by exceeding his authority. Therefore, as long as the entrusted agent conducts agency activities within the scope of agency authority and does not exceed the agency authority, it does not need to bear legal responsibility.

    Legal basis

    Article 171 [Unauthorized agency] of the Civil Code of the People's Republic of China, if the actor has no agency power, exceeds the agency power, or after the agency power is terminated, he still acts as an agent, and if he has not been ratified by the principal, he shall not have effect on the principal.
    The counterpart may urge the principal to ratify the notice within 30 days from the date of receipt of the notice. If the principal fails to make any indication, it shall be deemed that he has refused to ratify. The bona fide counterpart has the right to revoke the act performed by the actor before it is ratified. Cancellation shall be made by notice.
    If the act performed by the actor has not been ratified, the bona fide counterpart has the right to request the actor to perform the obligation or to request the actor to compensate for the damage he has suffered. However, the scope of compensation shall not exceed the benefits that the counterpart can obtain when the principal confirms it.
    If the counterpart knows or should know that the actor has no right to act as an agent, the counterpart and the actor shall be liable according to their respective faults.

  • other Relevant knowledge

  • law

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