On The Agents Of Agency In Duty

Article 170,paragraph 1,of the General Rules of Civil Law stipulates the general provisions for agency in duty from the perspective of attribution norms.It stipulates that the actors of agency in duty are “the personnel who complete the tasks of the legal persons or the non-incorporated organisations”.Under the premise that the agent is a commercial organisation,through the textual interpretation of this term,it be divided into "workers" and " other agents of angency in duty " of the commercial organisation according to whether there is a labor relationship between the agent and the commercial organisation.".Based on whether it is a representative of the commercial organisation,the former can be further divided into "other staff" and "representatives." Other staff can be typed through the Commercial employee system in the countries and regions of the civil law system,which can be further divided into managers,agents and shop assistants.Representatives can be divided into representatives of legal persons and representatives of the non-incorporated organisations according to whether or not the commercial organisations has legal personality.Representatives of legal persons include legal representatives and intended representatives.Representatives of the non-incorporated organisations mainly include personnel employed by individual-owned enterprises and their branches,management staff of partnerships and their branches,and persons in charge of branches of legal persons.Other agents of angency in duty can be further divided into members of commercial organisations and other agents according to the criteria of whether they are members of commercial organisations.Among the members of the commercial organisations,the company's shareholders are not the agents of agency in duty,the executive partners of the partnership enterprise and the investors of the sole proprietorship enterprise are the agents of agency in duty.Among other agents the directors are the agents of agency in duty,an individual bankruptcy administrator can be interpreted as an agent of agency in duty and the trustee of a sole proprietorship enterprise may be interpreted as the agent of agency in duty when the investor grants him a position that conforms to certain business habits.