Is it legally effective to entrust others to do things? Entrustment is a legal act, that is, one party authorizes others to handle certain affairs on its behalf. As long as the principal has signed an entrustment contract, it is legal to entrust others to handle affairs within the scope permitted by law. So is it legally binding to entrust others to do things?
Is it legally effective to entrust others to do things? 1 The power of attorney is a legal document, all of which have legal effect. But the scope of its legal effect depends on the kind of power of attorney. Entrustment is divided into general entrustment and agency entrustment. Generally, the trustee should conduct legal activities (such as litigation, making a will, dividing property, etc.). ) It is based on the will of the client, and the trustee shall not give up the rights of the client or dispose of the property without authorization, otherwise it will be invalid.
Acting as a principal enjoys all the rights of the principal (such as property disposal and withdrawal of the lawsuit, etc.). ) and has the same legal effect as the principal's behavior. The form of power of attorney can be divided into oral form and written form, generally written form. Notarization is to make the power of attorney have the effect of direct evidence (except the exact evidence, it is not necessary to distinguish the authenticity of the power of attorney). Therefore, justice plays a reinforcing role and is not a necessary element for the power of attorney to have legal effect.
1. The power of attorney is legal and valid as long as it is the true intention of both parties and the entrusted matters do not violate the current laws and regulations. 2. If it is a foreign-related civil power of attorney, it needs to be notarized by a notary office before it has legal effect. According to the relevant laws and regulations, if the power of attorney is in written form, the power of attorney shall specify the agent's name, agency matters, authority and time limit, and shall be signed or sealed by the principal.
Legal basis: Article 165 of the Civil Code of People's Republic of China (PRC) * * * If the power of attorney is in written form, the power of attorney shall specify the agent's name, agency matters, authority and time limit, and shall be signed or sealed by the client.
You can entrust others orally and have legal effect. The forms of entrustment include oral entrustment and written entrustment. In the legal sense, it is legally effective to entrust others to sign contracts orally. As long as the other party to the contract agrees, there is no problem. If the other party to the contract does not approve it, it will involve the problem of how to prove the authorization authority, which will easily lead to unnecessary disputes.
Legal basis: Article 469 of the Civil Code stipulates that both 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.
Is it legally effective to entrust others to do things? 2 Matters needing attention in the entrustment contract:
I. Affairs
In the entrustment contract, the basic information of the entrusted affairs, especially the detailed requirements of the entrusted affairs, should be agreed accurately and in detail. In order to ensure that the trustee can complete the entrusted affairs well, at the same time, the trustee must carry out activities within the scope authorized by the principal. If the agent exceeds his authority and causes losses to the principal, he shall compensate for the losses or the principal shall reduce his corresponding remuneration. Without the instructions of the client, the agent shall not change the entrusted affairs without authorization, and shall not take the benefits arising from the handling of the entrusted firm as his own.
Second, the time limit.
The time limit shall be clearly stipulated in the entrustment contract, and the trustee shall complete the entrusted affairs with good quality and quantity according to the agreed time. If the agent fails to complete the project on time due to his own fault, which constitutes a breach of contract and causes losses to the client, he shall be liable for damages.
Three. compensation for damages
If the entrustment contract has been performed, and the client has suffered losses due to the fault of the agent, the client may demand compensation for the losses. However, if the trustee suffers undue losses due to improper instructions or other faults of the principal, it shall be borne by the principal.
The entrustment contract is free of charge, and if the trustee's intentional or gross negligence causes losses to the principal, the principal may demand compensation for the losses.
Four. reward
If the entrustment contract is paid, the time and method of payment shall be clearly stipulated in the contract.
1. The payment method of remuneration shall be clearly agreed, namely cash payment or bank transfer.
2. Clearly stipulate the payment time of remuneration. After the agent completes the entrusted affairs, the principal shall pay the agreed remuneration to the agent. At the same time, the client shall also pay the trustee the relevant necessary expenses paid by the entrusted firm.
3. It is expressly agreed that if the entrusted affairs cannot be completed due to the fault of the trustee, the principal may not pay the remuneration or pay the corresponding remuneration for the completed part.
Verb (abbreviation for verb) Other matters
When concluding a contract, it is suggested to clearly stipulate the liability for breach of contract, dispute settlement method and litigation place according to the actual specific entrusted matters, so as to reduce the risk of contract performance, ensure the smooth performance of the contract and protect the legitimate and reasonable interests of the lessee as much as possible.
Is it legally effective to entrust others to do things?
1. Is it illegal to entrust?
As long as a valid power of attorney is signed, the entrustment is legal, that is, as long as the formal requirements of the power of attorney meet the requirements of evidence, once it can be used as evidence in court, there is no problem. The target company had better ask a lawyer to help sign a more legally binding agreement.
Second, whether the illegal contract of entrusted matters is valid.
If the entrusted matter is illegal, the validity of the contract needs to be analyzed in detail. If it will cause national interests, public interests, violation of mandatory provisions of the law or the principle of public order and good customs, the contract is invalid.
Legal basis: Article 502 of the Civil Code of People's Republic of China (PRC), a contract established according to law shall come into effect upon its establishment, unless otherwise stipulated by law or agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations.
The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.
Three. Matters needing attention in unilaterally dissolving the entrustment contract
(a) the notice of termination of the contract should be written in a standardized way, and its contents must refer to the laws or contract terms and the corresponding right to terminate the contract, and the specific contents should include:
1, the fact that a contract was concluded between the parties.
2. The fact that the breach of contract by the parties leads to the right to terminate the contract.
3. The right to terminate the contract as agreed in the contract.
4. Absolute and clear expression of the intention to terminate the contract.
5. Reserve the right to investigate the liability for breach of contract.
(two) to terminate the contract within the time limit stipulated in the contract and send a notice of termination to the other party.
(3) Regardless of the form of the notice, the following conditions shall be met:
1, which is enough to prove that you sent a notice to the other party;
2. Enough to prove the time of giving the notice;
3. Indicate the main contents of the notice. Regarding whether the other party has received it, it is only necessary to follow the general situation, that is, the notice arrives at the domicile of the defaulting party or the system can arrive in time.
Legal basis:
Article 10 of the Contract Law stipulates: "The parties may conclude a contract in written form, oral form and other forms." Article 396 stipulates: "An entrustment contract is a contract in which the principal and the agent agree that the agent shall handle the principal's affairs."
It can be seen that the law does not clearly stipulate what form the entrustment contract or power of attorney must take. The entrustment contract or power of attorney may be concluded orally or in writing. The entrustment contract or power of attorney concluded in written form can be handwritten or printed. As long as the power of attorney is the true intention of the client, and its entrusted content does not violate the mandatory provisions of laws and regulations, it has legal effect.
Third, the personal power of attorney mode
Customer name: xxx Gender: xx ID number: xxxxx
Customer name: xx Gender: xx ID number: xxxxx
I hereby entrust xx as my legal agent to handle xx-related matters in person, and I will recognize all relevant documents signed by the client in handling the above-mentioned matters and bear corresponding legal responsibilities.
Term of entrustment: from the date of signature to the date of completion of the above matters.
Customer: xxx
Xx year xx month xx day
Legal basis: Article 165 of the Civil Code of People's Republic of China (PRC) * * * If the power of attorney is in written form, the power of attorney shall specify the agent's name, agency matters, authority and time limit, and shall be signed or sealed by the client.