If civil activities are to be carried out, when entering into a contract with another person, it is necessary to have certain rights of disposition of the subject matter of the contract. Some people may not have the right to dispose of, which may result in no right to dispose of, and the validity of the contract will be affected
Netizen consultation:
Whether the contract entered into by the person without the right of disposition is valid
Lawyer answers:
A contract without the right to dispose of it is not an invalid contract, but a contract whose validity is to be determined, and whether the contract is effective depends on whether the right holder recognizes it. The counterparty may urge the person to be recognized within 30 days from the date of receipt of the notice, and if it is not recognized, the contract is invalid and the counterparty needs to be compensated for its losses.
Lawyer adds:
A contract without authority is a contract signed between a person without a right and a person who engages in civil acts with the counterparty. There are three situations in which a contract is concluded due to lack of authority:
1) The contract signed without any right refers to the contract signed by the person who signed the contract in the name of the person without the authorization of the person.
2) The contract signed beyond the right of ** refers to the contract signed with others by having a **relationship between the **person and the **person, but the **person exceeds the authorization of the ** person and signs it with others.
3) The contract signed after the termination of the relationship, which refers to the original relationship between the actor and the respondent, but due to the expiration of the time limit, the completion of the affairs or the cancellation of the entrustment relationship by the respondent, etc., the relationship between the respondent and the person no longer exists, but the original person still signs a contract with others in the name of the respondent.
[Laws and Regulations].
Article 171 of the Civil Code.
Where the actor does not have ** rights, exceeds ** rights, or still carries out ** conduct after ** rights are terminated, and it is not recognized by the ** person, it is not effective against the ** person.
The counterpart may urge the person being ** to make a retrospective recognition within 30 days of receiving the notice. Where the person being ** fails to make an expression, it is deemed to be a refusal to recognize. Before the act carried out by the perpetrator is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.
Where the conduct carried out by the actor is not recognized, the bona fide counterpart has the right to request that the actor perform the debt or request compensation from the actor for the harm suffered. However, the scope of compensation shall not exceed the benefits that the counterparty can obtain when the person is recognized.
Where the counterpart knows or should know that the actor has no rights, the counterpart and the actor bear responsibility in accordance with their respective faults.
Introduction of Hunan Furong (Guangzhou) Law Firm
"Hunan Furong Law Firm", formerly known as Changsha Legal Counsel Office (directly under the Changsha Municipal Bureau of Justice) established in 1956 and renamed as "Hunan Furong Law Firm" in 1996, is one of the earliest comprehensive legal service institutions established in Hunan Province, and has won many honors such as "Excellent Law Firm in Hunan Province" and "Excellent Law Firm in Changsha City". As a large-scale comprehensive legal service organization, Furong Law Firm has hundreds of practicing lawyers, with branches in Shenzhen, Guangzhou, Dongguan, Zhongshan, Foshan, Huizhou, Zhuhai, Xiangtan, Changde, Yueyang, and **Lin Zhou), and branches in Beijing, Haikou and Nanning are also under close preparation. Hunan Furong (Guangzhou) Law Firm was established by relying on the head office, advocating large-scale, professional, chain and comprehensive services, aiming to provide customers with more professional, efficient and comprehensive legal services.
Site area: 800m
There are more than 30 full-time lawyers, trainee lawyers, team assistants, and non-litigation legal personnel.
There are 3 conference rooms, more than 10 party building activity rooms and offices.