Whether a contract with undetermined validity is valid depends on whether the counterpart has ratified it. A contract concluded by a person with limited capacity for civil conduct shall be valid after being ratified by his legal representative, but a contract for pure benefit or a contract concluded in conformity with his age, intelligence or mental health need not be ratified by his legal representative.
The counterpart may urge the legal agent to ratify it within one month. If the legal representative fails to express his intention, he shall be deemed to have refused to ratify it. Before the contract is ratified, the bona fide counterpart has the right to cancel it. Cancellation shall be made by notice. If an actor still performs an act of agency after he has no power of agency, exceeds the power of agency, or the power of agency terminates, and the act is not ratified by the principal, it shall have no 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.
An invalid or revoked civil juristic act is not legally binding from the beginning.
[Legal Basis]
Article 145 of the Civil Code states that a civil juristic act that restricts a person's capacity for civil conduct from carrying out a purely beneficial civil juristic act or a civil juristic act that is appropriate to his age, intelligence or mental health is valid; Other civil juristic acts taken shall be effective after being approved or ratified by the legal representative.
The counterpart may urge the legal agent to ratify the notice within 30 days from the date of receipt of the notice. If the legal representative fails to express his intention, he shall be deemed to have refused to ratify it. Before the civil juristic act is ratified, the bona fide counterpart has the right to revoke it. Cancellation shall be made by notice.
