Civil Code: Termination of Representation


(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.)

Section 3 Termination of Representation
Article 173 Authorized representation shall be terminated:
(1) upon the expiration of the representation period or completion of the business authorized;
(2) upon the termination of the representation by the principal or the representative;
(3) in case of the representative's loss of the capacity for civil acts;
(4) in case of the death of the representative or the principal; or
(5) upon the termination of the legal entity or unincorporated entity as the representative or the principal.
Article 174 Any business conducted by an authorized representative in the name of the principal shall be valid after the death of the principal if:
(1) the representative did not know or had no reason to know about the death of the principal;
(2) the business conducted is recognized by an heir of the principal;
(3) it is expressly stated in the document of authorization that the representation shall be terminated upon the completion of the business authorized; or
(4) the business authorized was started before the death of the principal and continues to be conducted by the representative for the benefit of the principal's heirs.
The termination of the legal entity or unincorporated entity as a principal shall be governed, mutatis mutandis, by the provisions of this Article 174.
Article 175 Legal representation shall be terminated:
(1) upon the principal's acquisition or restoration of the full capacity for civil acts;
(2) in case of the representative's loss of the capacity for civil acts;
(3) in case of the death of the representative or the principal; or
(4) in case of any other event specified by law.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

ABOUT AUTHOR

We are a group of China local lawyers from a few law firms
Email: elitelawyers@outlook.com
My blog: http://www.shanghailawyer.xyz