In real life, it is often encountered that because they do not have time, ask relatives and friends to help do some things, at this time they often use the power of attorney, usually with a sentence "entrusting so-and-so to handle so-and-so things" to finish the matter, so that the writing is really discretionary entrustment? Let me explain in detail.
Power of attorney for civil litigation activities
According to the civil code of the People's Republic of China, "a civil juristic act carried out by an agent in the name of the principal within the scope of the agency's authority shall be effective against the principal." "Doesn't it sound a little dizzy, is it confusing?" Don't worry, let me translate it, and you'll understand. The agent is the relative and friend who helps, the agent is the person who has no time, assuming that the person who has no time is called Zhang San, and the helper relative is called Li Si. Then, the above provisions are, in other words: (because Zhang San has no time or is inconvenient) entrust Li Si to help do things, and Li Si does things in the name of Zhang San within the scope of Zhang San's permission, and the consequences are borne by Zhang San. Do you understand this provision?
On the basis of the above provisions, the question to be solved by the power of attorney is what is the "scope of Zhang San's permission"? The elements of the power of attorney should include the following: the identity information of the principal (the principal, there is no avail), the identity information of the entrusted person (agent, help), the reason for the entrustment (reason), the authority of the entrustment (the allowed scope), the period of validity, etc., which are introduced below:
1. The identity information of the principal and the trustee, these two elements are very simple, that is, to clarify the identity of the person who is not available and the person who helps, including name, gender, date of birth, ethnicity, citizenship number, home address, contact number, etc. The most important thing is the name, citizenship number, contact number, the importance of these three as long as you mention it alone, everyone will understand, needless to say. To be clear, though, the trustee should be an adult.
2. Reasons for entrustment: Generally written as "because of what circumstances, I now entrust (the name of the trustee) as an agent (the name of the principal) to handle so-and-so matters on behalf of the client", the main purpose of this part is to explain: 1. Why should I entrust others to help. However, this reason is not the focus of attention, because this is a civil right, of course, the right holder enjoys, to put it bluntly, there is no reason can also be entrusted, as for the specific reasons generally will not pay special attention. Of course, some things that must be personally present, such as marriage, divorce, etc., mainly involving the status relationship, others can not represent, can not entrust others to handle. 2. Indicate the delegation of authority relationship, and the specific matter handled. That is to say, it is clear who is not available, who is helping to do things, although the identity of both parties is explained in the identity information, but here it is more intuitive to reflect the entrustment and authorization relationship of both parties, especially to explain what kind of kinship relationship the two parties are, brothers and sisters, father and daughter, mother and daughter, etc. In different places, there are different requirements for the qualifications of agents, and in the case of civil litigation activities, as an individual citizen as an agent, it must be a close relative of the agent, that is, spouse, parents, children, siblings, grandparents, maternal grandparents, grandchildren, grandchildren, and relatives beyond this range are not allowed. (For details, see Article 57 of the Civil Procedure Law of the People's Republic of China and Article 1045 of the Civil Code of the People's Republic of China) This part also needs to be explained on the matters to be handled, such as what cases are handled, such as what procedures to handle.
3. Delegated permissions: This is the specific scope of authorization, which mainly includes some specific content involved in handling things. In the case of civil litigation activities, the authority of entrustment includes: participating in litigation activities such as hearings and mediation; collecting legal documents on behalf of others; investigating and collecting evidence; and acknowledging, abandoning, and modifying litigation claims on behalf of other specific contents. Among them, the recognition, abandonment, and modification of litigation claims are the most critical rights, which means whether the agent has the right to deal with the entity, that is to say, whether the words can be the master, if it is a plenipotentiary entrustment, it must be clearly written as an acknowledgment, abandonment, and modification of the litigation claim, if it is only written in the entrustment authority to write the words "discretionary entrustment" and other words without listing whether there is a right to recognize, waive, or change the litigation claim on behalf of the agent, it is regarded as a general authorization, that is, it is only to help, it is impossible to speak and be the master, and the decision on important matters must be made by himself. Therefore, for the power of attorney, if it is only to let people help run away and go through the process, that is, general authorization, its specific authority can not be strictly required. However, in order to truly exercise all rights, in principle, specific rights need to be clarified in the entrusted authority, and in particular, the core rights such as "recognition, waiver, and modification of litigation claims" need to be indicated.
4. Finally, the time limit for entrusting the authorization should also be indicated, which allows the counterpart to clarify the time of the agent's authority, so that after the matter is completed, the agent will still take the authorization and entrustment to go around and deceive.
The above is the content of the power of attorney, did you write it correctly?