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The legal effect of the power of attorney

The power of attorney is an expression of the true intention of the party concerned, and the party has the capacity for civil conduct. If the content of the power of attorney does not violate the mandatory provisions of the law, the power of attorney is valid. As long as the principal expresses his true intention and signs it personally, it is valid and legally binding.

1. The details are as follows:

1. The power of attorney for the legal representative is a legal document in which a corporate legal person entrusts others to perform certain legal acts on his or her behalf. The legal representative cannot personally perform certain legal acts for some reason. When doing this kind of behavior, you can assign others to handle it through authorization;

2. It should be stated whether the authority of the entrusted agent during the litigation process has waived the right to recognize the litigation claims, whether there is a right to counterclaim, and whether there is reconciliation. If the rights are not stated clearly, it will be deemed that these specific rights are not possessed but only the right of litigation agency;

3. As long as the power of attorney is the true expression of the client's intention and the content of the authorization does not violate the mandatory provisions of laws and regulations, all Have legal effect.

II. Matters that must be paid attention to when writing a power of attorney

A power of attorney for a legal representative is a legal document that authorizes another person to perform certain legal acts on his or her behalf. The legal representative cannot do so due to circumstances. When performing a certain action in person, you can assign others to perform it through delegation. At this time, it is necessary to prepare a power of attorney for the legal representative. The authorized person will carry out activities within the scope of authorization, which will have direct legal effect on the principal.

Things that should be paid attention to when filling in the authorization of the legal representative are: the name, gender, age, position and other basic information of the authorized person must be stated, and the scope of authorization must be stated. You cannot simply write "carte blanche" , but the authorized content should be stated item by item. If you entrust an agent to litigate, you should clearly state the authority of the agent during the litigation process, whether you have waived and acknowledged the right to claim, whether you have the right to counterclaim, whether you have the right to reconcile, etc. If it is not stated clearly, it will be considered that you do not have these specific rights. rights, only the right of litigation representation. If a contract is signed, it should be clear under what conditions and within what scope the contract is valid. If it exceeds this scope, it will be invalid.

Legal basis

"People's Republic of China and Civil Code"

Article 143 Civil legal acts that meet the following conditions are valid:

(1) The actor has the corresponding capacity for civil conduct;

(2) The expression of intention is true;

(3) It does not violate the compulsory laws and administrative regulations Sexual regulations do not violate public order and good customs.

Article 165 If the authorization for agency is in written form, the power of attorney shall state the name of the agent, matters of agency, authority and period, and shall be signed or stamped by the principal. chapter.

Article 923 The trustee shall personally handle the entrusted affairs. With the consent of the principal, the trustee may sub-agent. If the entrustment is approved or ratified, the principal may directly instruct the entrusted third party regarding the entrusted matters, and the trustee shall only be responsible for the selection of the third party and the instructions given to the third party. If the entrustment is made without consent or ratification, the trustee shall bear responsibility for the acts of the third party to whom the entrustment was made; however, this shall not be the case in emergency situations where the trustee needs to entrust a third party in order to safeguard the interests of the principal.