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| GENERAL PRINCIPLES OF THE CIVIL LAW OF PRC |
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| http://www.dffy.com 2003-3-20 17:31:25 来源：东方法眼 |
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Article 62
A civil juristic act may have conditions attached to it. Conditional civil juristic acts shall take effect when the relevant conditions are met.
Section 2 Agency
Article 63
Citizens and legal persons may perform civil juristic acts through agents An agent shall perform civil juristic acts in the principal s name within the scope of the power of agency. The principal shall bear civil liability for the agent s acts of agency. Civil juristic acts that should be performed by the principal himself, pursuant to legal provisions or the agreement between the two parties, shall not be entrusted to an agent.
Article 64
Agency shall include entrusted agency, statutory agency and appointed agency. An entrusted agent shall exercise the power of agency as entrusted by the principal; a statutory agent shall exercise the power of agency as prescribed by law; and an appointed agent shall exercise the power of agency as designated by a people s court or the appointing unit.
Article 65
A civil juristic act may be entrusted to an agent in writing or orally. If legal provisions require the entrustment to be written, it shall be effected in writing. Where the entrustment of agency is in writing, the power of attorney shall clearly state the agent s name, the entrusted tasks and the scope and duration of the power of agency, and it shall be signed or sealed by the principal.
If the power of attorney is not clear as to the authority conferred, the principal shall bear civil liability towards the third party, and the agent shall be held jointly liable.
Article 66
The principal shall bear civil liability for an act performed by an actor with no power of agency, beyond the scope of his power of agency or after his power of agency has expired, only if he recognizes the act retroactively. If the act is not so recognized, the performer shall bear civil liability for it. If a principal is aware that a civil act is being executed in his name but fails to repudiate it, his consent shall be
deemed to have been given.
An agent shall bear civil liability if he fails to perform his duties and thus causes damage to the principal.
If an agent and a third party in collusion harm the principal s interests, the agent and the third party shall be held jointly liable.
If a third party is aware that an actor has no power of agency, is overstepping his power of agency, or his power of agency has expired and yet joins him in a civil act and thus brings damage to other people, the third party and the actor shall be held jointly liable.
Article 67
If an agent is aware that the matters entrusted are illegal but still carries them out, or if a principal is aware that his agent s acts are illegal but fails to object to them, the principal and the agent shall be held jointly liable.
Article 68
If in the principal s interests an entrusted agent needs to transfer the agency to another person, he shall first obtain the principal s consent.
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本文关键词：民法通则
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