(1) The agent must carry out agency activities in the name of the principal.

This feature of agency is determined by the purpose of agency system.

An agent and a third party are civil juristic acts, the purpose of which is not to set civil rights and obligations for the agent himself, but to participate in civil activities on the basis of the entrustment of the principal or in accordance with the law, and all legal effects arising from their activities are directly borne by the principal. Therefore, the agent can only carry out activities in the name of the principal.

This feature of agency is an important difference between agency and discipline. Disciplinary behavior is also called trust behavior. In the act of brokerage, the broker engages in commercial activities such as buying and selling in his own name, and the expenses are borne by the client. Because his activities are carried out in his own name, compared with the third party, the consequences of his activities can only be directly borne by the trustee-trader himself, and then transferred to the principal according to the provisions of the entrustment contract, that is to say, the activities of the trustee-trader cannot form a tripartite agency relationship. For example, A consigns his TV set to a consignment shop, which sells it to customers in his own name, and then deducts relevant expenses from the collected price and gives it to the consignor. In this behavior, the consignment shop enters into a sales contract with the customer in its own name and fulfills its contractual obligations to the customer. There is no legal relationship between the principal and the principal.

(2) The act represented by the agent must be a civil act.

The word "agent" is widely used in social life, and any situation in which someone performs some behavior instead of others can be called "agent". The agency in civil law refers to the legal phenomenon that the civil subject expresses his will. Therefore, only the act of establishing, changing or terminating the civil legal relationship between the client and the third party is the agency act in civil law.

1. Acts not belonging to civil agency

The following acts are not agency acts in civil law:

(1) The "agent" of transactional behavior. Transactional behavior refers to behaviors that have no legal significance, such as copying manuscripts and reviewing materials. The "agency" of trading behavior cannot produce legal effect, so it does not belong to civil agency.

(2) Agency in civil litigation. In civil litigation, lawyers or other agents ad litem shall, according to their litigation status, safeguard the legitimate rights of the parties in accordance with the law, and their activities shall not be attached to the will of the client or carried out in the name of the client. Therefore, the agent ad litem is not a civil agent. However, litigation agency is based on entrustment contract, which can be handled with reference to some provisions applicable to civil agency in some aspects.

(3) Acting as an agent for administrative, financial and other legal activities. Agency for administrative and financial activities usually refers to handling audit registration or registration and fulfilling administrative or financial obligations (such as legal person registration and trademark registration). ) represent others according to legal procedures. The relationship between these activities is not the relationship between equal subjects and does not belong to the scope of civil law adjustment. However, based on these activities, there is an entrustment contract between the principal and the trustee, so some aspects can be handled with reference to the provisions of the agency system in the civil law.