The third paragraph of Article 63 of the General Principles of the Civil Law stipulates that "a civil juristic act that should be carried out by myself according to the law or according to the agreement of both parties shall not be represented." Including two situations: first, the behavior of the agent does not directly apply the legal provisions. For example, marriage registration and divorce registration, according to the provisions of the marriage law, marriage or divorce of men and women must be registered in the marriage registration office in person to have legal effect, and cannot be carried out by agents. For example, making a will can't be an agent. The Law of Inheritance stipulates that if a self-made will is written by the testator himself, if it cannot be written in person, two or more witnesses should be present when the testator writes the will, records the will or makes an oral will on his behalf, but no matter what form of will, it can only be the testator's own will. In addition, according to the law, adopt children, give up inheritance or bequest. , all require the parties to do it in person, generally can't agent.
Second, the behavior agreed by both parties that cannot be represented by others cannot be represented. For example, according to the publishing contract and performance contract, the screenwriter or performer must do it in person, because these behaviors are inseparable from the individual's identity, emotion, artistic style, way of thinking and working ability, and can only be done by the parties themselves, otherwise, the behavior is invalid. Take the following cases to illustrate:
1988165438+1On October 8th, Qingzhou Painting Shop invited the painter Shilin (male, 60 years old) to paint for it. The two sides agreed that Shilin would produce four Chinese paintings (two women and two mountains and rivers) for the painting shop during the year, and the painting shop would provide paper, pens and ink. For each Chinese painting, the painting shop gives Shilin 500 yuan RMB first. The next day, the painting shop sent 2000 yuan in advance, paper, pens and ink to Shilin. However, because Shilin is busy with her own long landscape painting, she has never been able to paint for the painting shop. At the beginning of June of the same year, 12 visited China at the invitation of a certain country. Before leaving, Shilin left the seal, paper and ink to students Wang and Song, and asked them to paint four paintings on their behalf during the year and send them to the painting shop. Wang and Song made four Chinese paintings according to the instructions of Shilin and sent them to Qingzhou Painting Shop on February 28th, 65438. After appraisal, the painting shop found that these four paintings are far from the works of Shilin in any respect, and it is certain that they were not made by Shilin. 1 989 February1,the manager of the painting shop went to Shilin to discuss with him and asked for repainting, but Shilin refused. Therefore, Qingzhou Painting Shop appealed to the People's Court of this Municipality. After investigation, the court found that Wang Song's painting behavior was invalid. Finally, after mediation by the court, Shilin agreed to take back the original paintings and personally painted four for the painting shop within two months.
Personal debts need to be performed by the parties themselves, which also includes the personal behavior of legal persons. If Beijing People's Art Theatre is invited to perform and Quanjude is invited to cook roast duck, Beijing People's Art Museum and Quanjude Roast Duck Restaurant are required to perform the contract in person, and no other legal person is allowed to act as an agent.
(2) According to the law, acts that can only be represented by specific civil subjects cannot be represented by others.
For example, patent agency, import and export agency, publishing agency and other businesses can only be carried out by specific institutions approved by the state. Another example is that an enterprise may entrust a bank or other financial institution to sell bonds as an agent, but non-financial institutions or individual citizens may not handle the sales and transfer of corporate bonds as an agent.
(3) Do not act as an agent for illegal matters.
For example, illegal infringement of other people's personal and property, buying and selling gold, silver and drugs privately are prohibited by national laws, and citizens and legal persons cannot do it, so they cannot act as agents. Article 67 of the General Principles of Civil Law stipulates that if an agent conducts agency activities knowing that the entrusted matters are illegal, or the principal knows that the agent's agency behavior is illegal and does not object, the principal and the agent shall bear joint liability. Because a civil act with illegal content is invalid, that is, it does not have legal effect, there is no problem of attributing legal consequences to the client for illegal matters carried out by the "agent". If both the agent and the principal know that the entrusted matter is illegal, but they still have to do it, it means that both parties are engaged in illegal acts and should bear legal responsibility together.