1. Principal-agent: It means that the agent's power of agency is generated according to the principal's entrusted behavior. In the principal-agent system, the principal entrusts the agency to the agent by means of expression of will, so it is also called "willful agency" or "arbitrary agency". The entrustment and agency of civil juristic acts can be in written form or oral form. If the law requires it to be in writing, it shall be in writing.
2. Legal agency: A legal agency is an agency conducted by an agent according to the agency right directly stipulated by law. Parents are legal representatives when they participate in economic activities on behalf of their minor children. The principal in the legal agency relationship can only be a citizen.
Minors and mental patients with no or limited capacity for conduct cannot independently engage in civil activities because of age, intelligence, health and other reasons, so the law stipulates that their legal representatives should act as their agents to engage in civil activities. An agent in a legal agency relationship can be a citizen or a legal person.
When a citizen is a legal agent, it is usually represented by a close relative of the principal. If the parents are the legal representatives of minor children, the husband is the legal representative of the wife with mental illness. When a legal person acts as a legal agent, it is generally represented by the residents' committee, villagers' committee or civil affairs department where the client is located. The unit where the principal's parents work can also be the legal agent.
3. Designated agent: Designated agent refers to the agent who has the power of agency according to the designation of the court or designated unit. Usually applies to two situations. First, in civil litigation, the parties are persons without or with limited capacity for civil conduct, and there is no legal representative; Second, if the legal representative shirks his responsibility, the court will appoint one of them as the agent.
According to the provisions of Articles 16 and 17 of the General Principles of the Civil Law, in China, the people's courts, the units where minors' parents or mental patients work, and the residents' committees or villagers' committees where minors or mental patients live have the right to entrust agents.
If a party refuses to accept the designation of a residents' committee or a villagers' committee, it may bring a lawsuit to the people's court, which shall make a ruling. After the appointment by the people's court, the appointed agent shall not be changed by himself.
Extended data:
Legal agency has the following characteristics:
1, legal agency is based on the direct provisions of the law. In the principal-agent relationship, the power of attorney of the agent is generated by the principal through authorization, and the legal power of attorney is not based on the personal will of the parties, but directly comes from the provisions of the law.
2. The scope of the legal agent's agency authority is also stipulated by law, which generally belongs to general agency or full agency, and there is no special restriction on the scope of agency authority. The agency authority of an entrusted agent depends on the provisions of the power of attorney, which can be either a full-power agent or a special agent. An agent can only act on behalf of the principal within the scope authorized by the principal.
3. There is often a certain blood relationship between the legal agent and the principal, which is the basis of legal agency.
4. The purpose of legal agency is to ensure that people with no capacity or limited capacity can participate in civil activities smoothly, enjoy civil rights and undertake civil obligations through agency. Mainly for minors and mental patients.
5. Legal representation is free.
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