1, the validity of the contract concluded beyond the authority is to be determined, that is, if it is ratified by the agent, the contract is valid, and if it is not ratified by the agent or revoked by the bona fide counterpart, the contract is invalid. However, a contract concluded by the legal representative of a legal person or the person in charge of an unincorporated organization beyond its authority is valid, unless the other party knows it.
2. According to the legal basis of General Principles of Civil Law of People's Republic of China (PRC) and Article 171 of Civil Law of People's Republic of China (PRC), if the actor has no agency right, exceeds the agency right or continues to act as an agent after the agency right is terminated, it will have no effect on the principal without ratification by the principal. The counterpart may urge the principal to ratify it within 30 days from the date of receiving the notice.
A contract concluded by the legal representative of a company as a legal person beyond his authority also has legal effect. According to relevant laws, this contract shall come into effect after being signed or sealed by both parties through consultation.
Legal analysis
1. Medical expenses: The medical expenses are determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. 2. Lost time: The lost time is determined according to the lost time and income of the victim. 3. Nursing expenses: The nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period. 4. Transportation expenses: The transportation expenses shall be calculated according to the actual expenses incurred by the victims and their necessary accompanying personnel for medical treatment or transfer to other hospitals. 5. Hospitalization food subsidy: Hospitalization food subsidy can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. 6. Nutrition fee: The nutrition fee is determined according to the disability of the victim and referring to the opinions of medical institutions. 7. Disability compensation: according to the degree or level of disability of the victim, the disability compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated as 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
legal ground
People's Republic of China (PRC) Civil Code
Article 469 The parties may conclude a contract in writing, orally or in other forms. Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained. A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.
Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.