Risk agency cannot be performed as follows:
1, marriage inheritance case;
2, request to give social insurance benefits or minimum living allowance;
3. Requesting to pay alimony, alimony, alimony, pension, relief fund and industrial injury compensation;
4. Request for payment of labor remuneration, etc.
The termination of the principal-agent is as follows:
1, the agency term expires or trading agent completes;
2. The principal cancels the entrustment or the agent abandons the entrustment;
3. The agent loses the capacity for civil conduct;
4. The agent or the principal dies;
5. The legal person or unincorporated organization as the agent or the principal is terminated.
To sum up, the objects of risk agency are mostly difficult and complicated, especially cases that are difficult to implement, otherwise the client will not agree to risk agency; The result of risk agency is closely related to lawyer's remuneration and investment recovery, that is, lawyers should not only bear the risk of not receiving agency fees, but also bear the risk of investment losses, which urges lawyers to strengthen their sense of responsibility.
Legal basis:
Article 161st of the Civil Code of People's Republic of China (PRC)
A civil subject may carry out a civil juristic act through an agent.
In accordance with the provisions of the law, the agreement of the parties or the nature of civil legal acts, civil legal acts that should be implemented by themselves shall not be represented.
Article 17 1
If the actor has no power of agency, exceeds his power of agency or terminates his power of agency, he will still carry out the agency act, and it will have no effect on the principal without ratification by the principal.
The counterpart may urge the principal to ratify it within 30 days from the date of receiving the notice. If the trustor fails to declare it, it shall be deemed as refusal to ratify it. Before the act committed by the actor is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice.
If the act committed by the actor is not ratified, the bona fide counterpart has the right to demand the actor to perform the debt or demand the actor to compensate for the damage he has suffered. However, the scope of compensation shall not exceed the benefits that the counterpart can obtain when the principal ratifies.
If the counterpart knows or should know that the actor has no right to act as an agent, the counterpart and the actor shall bear the responsibility according to their respective faults.