1997 10 A painting and calligraphy mounting shop signed a contract with the famous calligrapher Zhao to entrust the creation of calligraphy works. It is agreed that Zhao will deliver 20 couplets to the mounting shop before February 1998, and the mounting shop will pay Zhao 5000 yuan. 199765438+In February, Zhao accidentally injured his right arm, and entrusted his son to write all the couplets, which were sent to the hotel and paid by the mounting shop. However, the hotel soon felt that the style of the work was different from that of Zhao, so it asked for identification and found that it was someone else's work.
Question:
1. Zhao Can entrusted his son to represent his creation? 2. Does Zhao's son's behavior belong to unauthorized agency?
Case study:
1. Article 63 of the General Principles of the Civil Law stipulates that civil juristic acts that should be carried out by themselves according to the provisions of the law or according to the agreement of both parties shall not be represented. ? In this case, the contract stipulates that all 20 couplets are created by Zhao, and the calligraphy creation has a strong personal attribute and must be executed by him. It is an act that cannot be represented, and Zhao has no right to entrust others to perform it.
2. Zhao's son's behavior does not belong to unauthorized agency. Unauthorized agency refers to the civil act of agency activities in the name of others without agency rights, including agency activities without agency rights, beyond agency rights or after agency rights are terminated. Unauthorized agency can produce agency effect after being ratified by the principal. However, a legal act that cannot be represented is an act that cannot be represented by others, even if there is a legal entrustment. These behaviors are mainly personal behaviors, illegal behaviors or behaviors that are not allowed to be represented by laws and contracts.
The above is a selected case study of civil law shared by Bian Xiao, a global ivy league. I hope it will help you and prepare for the exam efficiently. If you want to know more, please pay attention to this platform!