Study Of Power Of Attorney

This paper concerns with several aspects of agency power in agency lawit is constrncted into six parts which is abstracted as follows.Part one is "Comparation of Origination of Agency Power". It gives ananalysis to the basis of agency power origination from two aspects of civil lawsystem and common law system, it also gives an analysis and comparation tothe similarity and difference between the two legal system.Part two is "Concept and Nature of Agency Power". This part gives adeep analysis to the nature of agency power, the core theoretical problem.Scholars disscuss a lot about the nature of agency power such as right, power,jurisdiction and qualification, etc. This part introduces and evaluates differenttheories. The paper advances its own opinions and questions the legal agencypower and commission agency.Part three is Nndependence and No Reason of Agency Authority". Thereare two theories, reason and no reason theories, to which different opinions arepresented. The paper utilizes the examples by civil law expert Mr. WangZhejian but get opposite conclusions from Mr. Wang. That is, agency authoritydoesn't have independence and no reason.Part four is "Unknown Agency Authority". It analysis Article 65, Section3 of China's General Rule of Civil Law. The deputed should bearresponsibility to the third party, when unknown agency authority is existed towhich there is no objections, but it existed positive and negative opinionswhether the deputy should bear related responsibility. The author of the paperthinks there is certain biased in both opinions because realities should be?II ?considered whether the deputed or agency should bear the relatedresponsibility.Part five is "Restriction to Agency Power". It approaches how agentoperates agency power from the restriction of ultra vires agency, self-agencyand both side-agency, etc.Part six is "Termination of Agency Power". This part approaches twoaspects, the reason and result of termination of agency power. It alsoconcludes several situations of producing termination of agency power andlegal result after the termination of Agency Power.