The agent has the following characteristics:
(1) The agent implements the agency behavior within the scope of the agency authority.
The agent acts in the name of the principal. Only when an agent carries out civil activities in the name of the principal can the consequences of his actions be borne by the principal.
(3) Agency mainly carries out legal acts. Acts that have no legal significance, such as ghostwriting and driving on behalf of others, can only be factual acts. He has no rights and obligations to a third party, nor is he an agent.
(4) The consequences of agency behavior shall be directly borne by the principal. The purpose of agency is to carry out civil activities for the principal, and the effectiveness of the agent's behavior certainly belongs to the principal. Under normal circumstances, there is no relationship of rights and obligations between the agent and the third party arising from the agency behavior.
Agency behavior is a kind of civil legal behavior.
A. the behavior of the agent mainly includes three categories:
I. Civil juristic acts;
B, civil litigation;
C. Some financial and administrative actions, such as patent application and trademark registration.
The latter two are actually quasi-civil legal acts.
B. Not all civil legal acts can be represented.
A, some personal civil legal acts (such as making a will, getting married, etc. )
(a) the proxy will in the will is not an agent, because the contents of the will expressed in the proxy will are all made by the testator, and the agent only records the will truthfully, so it is more appropriate to regard it as a commission.
(two) marriage can not be represented, divorce can be represented. In divorce proceedings, there is no personal part, only the property part. In the personal part, the parties must agree or disagree, and the lawyer only plays the role of communication, not the lawyer's own expression.
B civil legal acts (such as performances, speeches, etc.). If both parties agree that it must be implemented by themselves, it shall not be expressed.
(2) Agency is a civil legal act in the name of the principal. The General Principles of Civil Law only recognizes the agency in the name of the principal, not including the agency in the name of the agent. However, Articles 402 and 403 of the Contract Law recognize the anonymous agency system. See the entrustment contract section of this book for details.
(3) The agent independently expresses his will to the third party within the agency authority.
A. When acting as an agent, an agent should think independently and express his will independently. This kind of expression of will includes the agent's expression of will to the third party and the third party's acceptance.
B. An agent must also have the right of agency when acting as an agent. The power of agency means that the agent can carry out legal acts in the name of the principal, and the effect of this act directly belongs to the legal qualification of the principal. Specifically, it includes two aspects: having agency right is a legal act within the scope of agency right.
(4) The legal effect of the civil juristic act made by the agent belongs to the principal. In agency activities, the agent does not directly obtain any personal interests because of the civil legal acts he carries out, and the rights and obligations arising from the agency acts should be borne by the principal himself.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 161 A civil subject may carry out a civil juristic act through an agent.
In accordance with the provisions of the law, the agreement of the parties or the nature of civil legal acts, civil legal acts that should be implemented by themselves shall not be represented.
Article 162 A civil juristic act carried out by an agent in the name of the principal within the scope of agency authority is valid for the principal.
Article 163 The types of agents include entrusted agents and legal agents.
An entrusted agent shall exercise the power of agency as entrusted by the principal. A legal agent shall exercise his power of agency in accordance with the provisions of the law.
Article 164 An agent who fails to perform or fails to fully perform his duties, thus causing damage to the principal, shall bear civil liability.
If the agent and the counterpart collude maliciously and damage the legitimate rights and interests of the principal, the agent and the counterpart shall bear joint liability.