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What are the types of agents?

Legal subjectivity:

(1) Agency in contract. Agency in a contract is not a legal concept in the strict sense. It generally refers to the agency relationship generated during the formation and performance of a contract. Contract is the main legal means of commodity transactions. With the prosperity of transactions and the continuous expansion of the market, various economic activities reflected in contracts have become increasingly frequent and complex. It is impossible for parties to a contract to fully grasp all forms of contracts and all contents and links of each contract. In order to make up for the limitations of the parties to the contract in this regard, the above work needs to be completed by people with professional knowledge, thereby minimizing disputes in the transaction. The parties to the contract hand over a large amount of specific work when signing the contract to people with professional knowledge in this area. This is the first reason why contract agency comes into being. In addition, even if the contract parties are familiar with the relevant systems of various contracts, due to the fast frequency, short cycle and high number of modern commodity transactions, coupled with the rapid development of communications and transportation, cross-regional and transnational commodity transactions are increasing, and the contract parties It is impossible in terms of time and energy to complete every contract-related matter personally. Therefore, agency in a contract is a very common type of agency. (2) Operating agents. In the process of commodity business, the investor entrusts all business-related activities to others as an agent. He does not directly engage in business activities. In addition to signing contracts, the agent also engages in all business-related matters. Since this kind of agency is not engaged in a specific transaction, but a comprehensive transaction related to business activities, it is generally called an agency in business. (3) Agent in foreign trade. Agents in foreign trade are also called foreign trade agency systems in our country. It means that my country's foreign trade companies act as agents for domestic users and supply departments, and sign import and export contracts on their behalf to collect certain commissions or handling fees. (4)Agency in intellectual property rights. Agents in intellectual property are divided into three categories: patent agents, trademark agents and copyright agents. The so-called patent agency means that the patentee or patent applicant entrusts a person with specialized knowledge to handle the above business in the name of the applicant during the process of applying for a patent, conducting patent license transactions, or resolving patent disputes. A trademark attorney performs much the same duties on behalf of a trademark owner as a patent attorney performs on behalf of a patent owner. For example, we accept the client's entrustment to handle trademark registration and renewal, apply for trademark licenses, file lawsuits against infringements of trademark exclusive rights, and handle other businesses. Copyright, also known as authorship, is the exclusive right granted by law to authors for creating literary, artistic and scientific works, including personal rights and property rights. The realization of copyright property rights usually requires publication, signing of licensing contracts, copyright transfer, etc. The person who is entrusted by the copyright owner to engage in these activities is the copyright agent. (5) Restrictions on the representation of persons with capacity for civil conduct and those without capacity for civil conduct. There are mainly the following types of agents in the civil activities of persons with limited capacity for civil conduct: First, close relatives and guardians of persons with limited capacity for civil conduct. According to Article 14 of the General Principles of Civil Law: “The guardian of a person without capacity for civil conduct or with limited capacity for civil conduct is his legal representative.” Specifically, the guardians of persons with limited capacity for civil conduct include the following types: ① Unable to The parents of an adult are the guardians of a minor. If the parents of a minor have died or are incapable of guardianship, one of the following persons with the ability to guardianship shall serve as the guardian: grandparents, maternal grandparents, brothers, sisters, and other close relatives. , friends are willing to assume guardianship responsibilities, and must obtain the consent of the residents' committee or village committee of the minor's residence. ② Guardians of mentally ill patients with limited capacity for civil conduct include: spouses, parents, adult children, other close relatives, and other close relatives and friends who are willing to assume guardianship responsibilities, with the consent of the mentally ill patient’s unit or resident committee or village committee of his residence. of. According to Article 14 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the "General Principles of the People's Republic of China and Civil Law", the above-mentioned regulations for guardians of minors and mentally ill persons are in a certain order.

(4) Single agent and *** joint agent. According to the number of agents, agents can be divided into individual agents and collective agents. If there is only one agent and the power of agency is exercised by him alone, he is called a sole agent, or an independent agent. There are two or more agents, and if the agency power is exercised jointly by two or more people, it is called joint agency. (5) Primary agent and secondary agent. The distinction between primary agency and secondary agency is based on whether the agent acts as an agent in person. When an agent personally performs agency acts in the name of the principal, it is called primary agency, also known as ordinary agency; when agent acts are performed not by the agent himself but by someone else entrusted by the agent, it is called duplicate agency, also called duplicate agency. Known as re-agency, sub-agency or sub-agency. The person who accepts the appointment of an agent is called a duplicate agent.