Agency behavior has multiple meanings in law, including civil agency, litigation agency and other behaviors with legal significance. Civil agency behavior refers to the civil legal behavior that an agent independently conducts with a third party in the name of the principal within the scope of agency authority, and the resulting legal effects are borne by the principal.
In practice, there are mainly these types of agents:
1. Agents in contracts.
Agency in a contract is not a legal concept in the strict sense. It generally refers to the agency relationship generated during the formation and performance of a contract. Contract is the main legal means of commodity transactions.
With the prosperity of transactions and the continuous expansion of the market, various economic activities reflected in contracts have become increasingly frequent and complex. It is impossible for the parties to a contract to fully understand various forms of contracts and the various terms of each contract. In order to make up for the limitations of the contract parties in this regard, the above work needs to be completed by people with professional knowledge, so as to minimize disputes in the transaction.
The parties to the contract hand over a large amount of specific work when signing the contract to people with professional knowledge in this area. This is the first reason for the emergence of contract agency.
In addition, even if the contract parties are familiar with the relevant systems of various contracts, due to the fast frequency, short cycle and high number of modern commodity transactions, coupled with the rapid development of communications and transportation, cross-regional and transnational transactions Commodity trading continues to increase.
It is impossible for the parties to the contract to complete every contract-related matter personally, both in terms of time and energy. Therefore, agency in a contract is a very common type of agency.
2. Operating agents.
In the process of commodity business, the investor entrusts all business-related activities to others as an agent. He does not directly engage in business activities. In addition to signing contracts, the agent also engages in all business-related matters. Since this kind of agency is not engaged in a specific transaction, but a comprehensive transaction related to business activities, it is generally called an agency in business.
3. Agent in foreign trade.
Agency in foreign trade is also called the foreign trade agency system in our country. It means that my country's foreign trade companies act as agents for domestic users and supply departments, and sign import and export contracts on their behalf to collect certain commissions or handling fees.
4. Agency in intellectual property rights.
Agents in intellectual property are divided into three categories: patent agents, trademark agents and copyright agents. The so-called patent agency means that the patentee or patent applicant entrusts a person with specialized knowledge to handle the above business in the name of the applicant during the process of applying for a patent, conducting patent license transactions, or resolving patent disputes.
The duties performed by a trademark attorney on behalf of the trademark owner are generally the same as those performed by a patent attorney on behalf of the patent owner.