Civil Code: Representation - General Rules

 
(These clauses are selected from The Civil Code of the People’s Republic of China translated and authored by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited. No reproduction is allowed unless authorized by the authors.)
 
Chapter VII Representation
 
Section 1 General Rules
 
Article 161 A civil juristic act may be performed by a representative.
 
Any civil juristic act which shall be performed per se according to law, as agreed by the parties, or based on its nature, shall not be performed by a representative.
 
Article 162 A civil juristic act performed by a representative in the name of the principal within the authority of representation shall be binding on the principal.
 
Article 163 Representation includes authorized representation and legal representation.
 
An authorized representative shall exercise its authority as authorized by the principal. A legal representative shall exercise its authority according to law.
 
Article 164 In case of damage to or loss of the principal due to failure of the authorized or legal representative to perform or fully perform its duties, the authorized or legal representative shall be held civilly liable.
 
In case of damage to or loss of the principal's legitimate rights or interests due to malicious collusion of the authorized or legal representative and the counterparty, they shall be held jointly and severally liable.