The types of agents include: entrusted agent, legal agent, and designated agent.
1. Agency: refers to the agency power enjoyed by the agent based on the principal's entrustment and authorization. Since agency is a way of granting agency power to the principal through expression of intention, it is also called "agency by intention" or "agency at will". The entrustment of agency in civil legal acts can be in written form or verbally. If the law requires a written form, it shall be in writing.
2. Legal agency: Legal agency means that the agent directly exercises agency power in accordance with the law. Parents who participate in economic activities in the name of their minor children are legal agents. Agents in legal agency relationships can only be citizens.
Minors and mentally ill persons who have no capacity for civil conduct or have limited capacity for civil conduct cannot independently carry out civil activities due to their age, intelligence, health status, etc. The law stipulates that their legal representatives shall participate on their behalf. civil activities. The agent in a legal agency relationship can be a citizen or a legal person.
As a legal representative, a citizen is generally a close relative of the principal. For example, a parent is the legal representative of a minor child and a husband is the legal representative of a mentally ill wife. As the legal agent, the legal person is generally an agent from the local residents committee, village committee or civil affairs department. The employer where the parents work can also serve as the legal representative.
3. Designated agent: Designated agent refers to an agency designated by the court or a designated unit in accordance with the law. It usually applies to two situations. First, in a civil lawsuit, the party concerned is a person without capacity for civil conduct or a person with limited capacity for civil conduct and has no legal representative; second, the legal agents shirk each other's agency responsibilities, and the court appoints one of them as the agent. people.
According to the provisions of Articles 16 and 17 of my country's "General Principles of Civil Law", those who have the right to appoint an agent are, firstly, the People's Court, and secondly, the unit or spiritual institution where the minor's parents work. The unit where the patient is located, and the third is the residents' committee or village committee where the minor or mentally ill person lives.
If the parties concerned are dissatisfied with the designation of the residents' committee or villagers' committee, they may file a lawsuit with the People's Court, which will make a ruling. After being appointed by the people's court, the appointed agent shall not change on his own initiative.
Extended information:
Characteristics of legal agency:
1. The basis for legal agency is the direct provision of the law. In the case of agency, the agent's power of agency is authorized by the principal through entrustment, while legal agency is not conditioned on the personal will of the parties, but directly comes from the provisions of the law.
2. The scope of agency authority of a legal agent is also stipulated by law. It is generally an ordinary agent or a full authority. There are no special restrictions on the scope of agency authority. The agency authority of an authorized agent depends on the provisions of the power of attorney. Whether it is a full agency or a special agent, the agent can only act on behalf of the principal within the scope of the principal's authorization and in accordance with the law.
3. There is often a specific blood or kinship relationship between the legal agent and the principal. This specific blood or kinship relationship is the basis of legal agency.
4. The purpose of statutory agency is to ensure that persons without capacity for civil conduct and persons with limited capacity for conduct participate in civil activities, enjoy civil rights, and perform civil obligations through agency actions. It is an agency mainly established for minors and mentally ill people.
5. Litigation representation is free of charge.
Baidu Encyclopedia - Authorized Agent
Baidu Encyclopedia - Designated Agent
Baidu Encyclopedia - Legal Agent