1. What are the conditions for terminating the principal-agent relationship?
(1) According to relevant regulations, the client may revoke the entrustment at any time.
(2) If the entrustment is revoked, the trustee and the relative person with legal relationship shall be notified. In addition, in any of the following circumstances, the principal-agent shall be terminated:
1, the agency term expires or trading agent completes;
2. The principal cancels the entrustment or the agent abandons the entrustment;
3. The agent dies;
4. The agent loses the capacity for civil conduct;
5. The legal person who is the principal or agent is terminated.
Second, how to terminate the principal-agent contract
(1) According to the relevant laws and regulations of the Civil Code on contract dissolution, the principal-agent contract can be dissolved in the following three ways:
1. Agreement terminated. If the term of the principal-agent contract is agreed to be terminated, the principal-agent contract shall be terminated when the termination occurs.
2. the law is lifted. In any of the following circumstances, the parties may terminate the contract:
(1) The contract purpose cannot be achieved due to force majeure;
(two) before the expiration of the performance period, one party clearly indicated or indicated by his own behavior that he would not perform the main debt;
(3) One party delays the performance of the principal debt and fails to perform it within a reasonable period after being urged;
(4) One party delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract;
(5) Other circumstances stipulated by law.
3. According to Article 933rd of the Civil Code, the trustor or the trustee may terminate the entrustment contract at any time.
(2) Procedures for the termination of the principal-agent contract
If one party claims to terminate the contract according to law, it shall notify the other party. When the notice reaches the other party, the contract is terminated; If the notice states that the debtor fails to perform the debt within a certain period of time, the contract will be automatically terminated. If the debtor fails to perform the debt within the time limit, the contract will be terminated at the expiration of the time limit specified in the notice. If the other party disagrees with the termination of the contract, it may request a people's court or an arbitration institution to confirm the validity of the termination of the contract. If one party brings a lawsuit or applies for arbitration to claim the termination of the contract without notifying the other party, and the people's court or arbitration institution confirms this claim, the contract shall be terminated when a copy of the complaint or arbitration application is served on the other party.
3. Can the entrustment contract be terminated at any time?
The principal may revoke the entrustment at any time. If there is no mutual trust or it is no longer necessary to handle the entrusted affairs, the trustor may unilaterally terminate the entrusted contract without the consent of the trustee. However, the trustee may require the principal to compensate the corresponding losses. The trustee can resign at any time. The establishment of an entrustment contract requires both the trustor's understanding and trust in the trustee and the trustee's trust in the trustor. If the agent is unwilling to handle the entrusted affairs, the agent may terminate the contract without giving reasons.
Legal objectivity:
* * * How to entrust an agent ad litem is the view that * * * and litigants cannot entrust each other. Because the so-called entrusted agent is a citizen, a legal person can carry out civil juristic acts through an agent, and the agent carries out civil juristic acts in the name of the principal within the agency authority, and the principal bears civil liability for the agent's agency acts. Because civil juristic acts are carried out in the name of the principal and represent the interests of the principal, as a party in litigation, it is impossible to have multiple roles, one party is the entrusted agent and the other is the plaintiff or defendant, which will harm the interests of the principal. At the same time, according to Article 58 of China's Civil Procedure Law, the scope of entrusted agent ad litem includes: 1. Lawyer. 2. Close relatives of the parties. 3. Persons recommended by the unit or social organization of the party concerned. 4. Other citizens approved by the people's court. A person with no capacity for civil conduct, a person with limited capacity for civil conduct, or a person who may harm the interests of the principal, and a person who the people's court considers unsuitable to act as an agent ad litem, cannot act as an agent ad litem. There is no provision that the parties can entrust each other, and in the fourth paragraph, it is stipulated that people who may harm the interests of the parties shall not be used as entrusted agents. Another view is that * * * and litigants can entrust each other in the same lawsuit. Ordinary litigants cannot entrust each other. Because joining the lawsuit means that one or both parties are two or more, and the object of the lawsuit is the same, the court must try and decide the lawsuit together. Ordinary * * * litigation refers to a lawsuit in which one or both parties have more than two people, and the same litigation object is considered by the court to be joinable, and the parties also agree to joinable trial. Article 53 of the Civil Procedure Law stipulates that if the parties have the same rights and obligations with respect to the subject matter of litigation, the litigation behavior of one party shall be recognized by the other parties and become effective for the other parties; If there are no * * * same rights and obligations on the subject matter of litigation, one of the litigants' actions will not be effective for other litigants with the same * * *. It can be seen that whether * * * has equal rights and obligations to the object of litigation is the basis for whether * * * and the litigants can entrust each other. If the rights and obligations are the same, they can entrust each other. If not, it can only represent the parties themselves. The main feature of necessary litigation is the identity of the subject matter. Assuming that the subject matter between the plaintiffs in the lawsuit is the same, their litigation purposes are also the same. Acting for another plaintiff by one plaintiff will not harm the interests of the principal, but for the interests of the plaintiff. In this case, the parties should be allowed to entrust each other. The author agrees with the second view that the parties can entrust each other for the same purpose or interest.