Characteristics Of China's Foreign Trade Agency
Our country
The two basic elements of agency
characteristics of law
(1) the agent's agent behavior is carried out in the name of the agent; (2) the legal consequences arising from the agency act are directly borne by the agent.
The basic characteristics of foreign trade agents are different from general civil agents.
One point one
foreign trade agency
The subject of relationship.
The agent or the third party is a natural person or a legal person in civil agency.
In the foreign trade agency relationship, it is individual businessman or business legal person.
They can refer to legal persons, partnership enterprises, private enterprises and individual businesses who are engaged in certain for-profit business activities through China's industrial and commercial registration.
The act of foreign trade shall not exceed the scope of operation of the agent.
As for agents, agents in general civil agency relationships can be natural persons or legal persons with civil capacity.
The agent in the foreign trade agency must be a business dealer who has business account books and has corresponding professional knowledge, technical equipment and funds.
1.2 content of foreign trade agency.
The contents of general civil agents include property relations and personal relationships; both paid agents and free agents.
In the foreign trade agency, agency acts are related to property management, and are all paid agents, which are profitable.
1.3 the name and responsibility of foreign trade agents.
Civil agents generally engage in agency activities in the name of the agent. The agent usually does not bear the responsibility to the third party. He only assumes responsibility for the third party or the agent when there is a fault.
The foreign trade agent can not only act in the name of the agent, but also act in the name of the agent himself.
When an agent acts as a foreign trade agent in his own name, it acts as an independent businessman who specializes in profit-making business. Even if there is no fault, he must bear all the obligations and responsibilities of the third party directly.
Although there is no direct contractual relationship between the agent and the third party, there is a legal agency relationship between the agent and the agent.
Therefore, in the import and export contract signed between the agent and the third party, the agent's rights, obligations and responsibilities will ultimately be subject to the agent.
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