山西省人大常委会


关于修改《山西省村民委员会选举办法》的决定

（2011年7月28日山西省第十一届人民代表大会常务委员会第二十四次会议通过）
　　
公 告


《山西省人民代表大会常务委员会关于修改 〈山西省村民委员会选举办法〉的决定》已由山西省第十一届人民代表大会常务委员会第二十四次会议于2011年7月28日通过，现予公布，自公布之日起施行。


　　 山西省人民代表大会常务委员会



山西省第十一届人民代表大会常务委员会第二十四次会议决定对 《山西省村民委员会选举办法》作如下修改：

　　一、将第三条增加一款，作为第二款：“村民委员会成员中，应当至少有一名妇女成员。”
　　二、将第十一条第二款修改为：“村民选举委员会由主任和委员五人或者七人组成，其成员应当有一定的代表性。”
　　将第三款修改为：“村民选举委员会成员由村民会议、村民代表会议或者各村民小组会议推选产生。推选方式和具体名额由村民会议或者村民代表会议确定。以无记名投票方式推选产生村民选举委员会成员的，按得票多少的顺序确定当选。各村民小组推选工作由上届村民委员会主持；上届村民委员会不能主持的，由乡（镇）村民委员会换届选举工作领导组确定主持者。”
　　删除第四款。
　　将第五款改为第四款，修改为：“村民选举委员会成员被提名为村民委员会成员候选人的，应当退出村民选举委员会。村民选举委员会成员退出村民选举委员会或者因其他原因出缺的，按照原推选结果依次递补，也可以另行推选。”
　　三、将第十二条第六项修改为：“依法组织产生候选人，公布候选人、竞选人名单，组织候选人、竞选人介绍履行职责设想；”
　　四、将第十五条修改为：“村民委员会选举前，应当对下列人员进行登记，列入选民名单：
　　（一）户籍在本村并且在本村居住的村民；
　　（二）户籍在本村，不在本村居住，本人表示参加选举的村民；
　　（三）户籍不在本村，在本村居住一年以上，本人提出书面申请参加选举，并且经村民会议或者村民代表会议同意参加选举的公民；
　　（四）结婚后在配偶户籍所在的村居住但户口未迁入，本人要求在居住的村参加选举的，经户籍所在的村出具选民资格证明和未在户籍所在的村进行选民登记的证明，并经配偶户籍所在村的村民选举委员会确认的村民。
　　未进行选民登记的，当选无效。”
　　五、将第十六条第二款修改为：“村民对公布的选民名单有异议的，应当自名单公布之日起五日内向村民选举委员会申诉，村民选举委员会应当自收到申诉之日起三日内作出处理决定，并公布处理结果。”
　　六、将第二十二条修改为：“村民选举委员会可以根据村民委员会成员应当具备遵纪守法、廉洁奉公、品行良好、公道正派、热心公益、具有一定文化水平和工作能力等条件，结合本村的具体情况以及村民委员会的工作需要，拟订村民委员会成员候选人或者竞选人的资格、条件，提请村民会议或者村民代表会议讨论通过，并向全体村民公布。”
　　七、将第三十一条修改为：“村民选举委员会应当在选举前组织候选人或者竞选人集体与村民见面，由候选人或者竞选人介绍履行职责设想，回答村民提出的问题，但在选举日必须停止此项活动。
　　候选人或者竞选人在介绍履行职责设想时应当实事求是，不得违反法律、法规和国家政策，有关主要内容应当事先书面提交村民选举委员会备案。”
　　八、将第三十五条第三款修改为：“选民外出或者因其他特殊原因不能参加投票的，可以在选举日的三日前以书面形式委托本村有选举权的近亲属代为投票，但每一选民接受委托不得超过三人。”
　　增加一款，作为第四款：“村民选举委员会应当公布委托人和受委托人的名单，以及使用流动票箱投票人员的名单。”
　　九、将第三十八条修改为：“选举村民委员会，选民过半数参加投票，选举有效。候选人、竞选人或者其他选民获得的赞成票超过参加投票选民半数的，始得当选。
　　获得赞成票超过半数的人数多于应选人数时，以得票多的当选。如遇票数相等，不能确定当选人时，应当在当日或者次日就得票数相等的人组织再次投票，以得票多的当选。获得赞成票超过半数的人数少于应选名额时，不足的名额应当在未当选的候选人、竞选人中另行选举。另行选举时，以得票多的当选，但所得赞成票不得少于参加投票选民的三分之一。
　　没有妇女候选人当选的，至少确定一名未当选妇女作为另行选举候选人。另行选举后，仍没有妇女当选的，名额可以暂缺。
　　选举结果经村民选举委员会确认后当场公布，并由选举委员会向当选人颁发当选证书。当选证书的样式全省应当统一。”
　　十、将第四十四条修改为：“村民委员会应当在新一届村民委员会产生之日起十日内移交村民委员会印章、办公场所、办公设施和设备、集体财务、账目、固定资产、工作档案、债权债务等。工作移交由村民选举委员会主持，乡(镇)人民政府监督。
　　未能在新一届村民委员会产生之日起十日内进行移交的，乡（镇）人民政府应当督促并组织移交。”
　　十一、将第四十五条第一款修改为：“本村五分之一以上有选举权的村民或者三分之一以上的村民代表联名，可以提出罢免村民委员会成员的要求。”
　　十二、将第四十八条修改为：“罢免村民委员会成员，须有登记参加选举的村民过半数投票，并须经投票的村民过半数通过。罢免要求未能通过的，六个月内不得以同一事实和理由再次提出罢免要求。”
　　十三、将第五十一条第一款修改为：“村民委员会成员在任职期间有下列情形之一的，其职务自行终止：
　　（一）丧失行为能力的；
　　（二）被判处刑罚的；
　　（三）被劳动教养的；
　　（四）村民会议或村民代表会议对其履行职责情况民主评议，连续两次被评议不称职的；
　　（五）无正当理由连续三个月不履行职务的。”
　　十四、将第五十二条第一款修改为：“村民委员会主任出现缺额，由村民会议进行补选；村民委员会其他成员出现缺额且成员不足三人时，由村民会议或者村民代表会议进行补选。补选应当在三个月内进行。补选由本届村民委员会主持，按照本办法有关村民委员会选举的规定办理。”
　　十五、将第五十八条修改为：“以暴力、威胁、欺骗、贿赂、伪造选票、虚报选举票数等不正当手段当选村民委员会成员的，由乡（镇）或者县级人民政府宣布其当选无效，同时取消其在本届再次竞选的资格。”
　　此外，对部分条款的文字和顺序作相应的修改和调整。
　　本决定自公布之日起施行。
　　《山西省村民委员会选举办法》根据本决定作相应修改，重新公布。

The National People's Congress


GENERAL PRINCIPLES OF THE CIVIL LAW OF THE PEOPLE'S REPUBLIC OF CHINA

(Adopted at the Fourth Session of the Sixth National People's
Congress, promulgated by Order No. 37 of the President of the People's
Republic of China on April 12, 1986, and effective as of January 1, 1987)

Contents
Chapter I Basic Principles
Chapter II Citizen (Natural Person)
Section 1 Capacity for Civil Rights and Capacity for Civil
Conduct
Section 2 Guardianship
Section 3 Declarations of Missing Persons and Death
Section 4 Individual Businesses and Leaseholding Farm
Households
Section 5 Individual Partnership
Chapter III Legal Persons
Section 1 General Stipulations
Section 2 Enterprise as Legal Person
Section 3 Official Organ, Institution and Social
Organization as Legal Persons
Section 4 Economic Association
Chapter IV Civil Juristic Acts and Agency
Section 1 Civil Juristic Acts
Section 2 Agency
Chapter V Civil Rights
Section 1 Property Ownership and Related Property Rights
Section 2 Creditors' Rights
Section 3 Intellectual Property Rights
Section 4 Personal Rights
Chapter VI Civil Liability
Section 1 General Stipulations
Section 2 Civil Liability for Breach of Contract
Section 3 Civil Liability for Infringement of Rights
Section 4 Methods of Bearing Civil Liability
Chapter VII Limitation of Action
Chapter VIII Application of Law in Civil Relations with Foreigners
Chapter IX Supplementary Provisions

Chapter I Basic Principles
Article 1
This Law is formulated in accordance with the Constitution and the actual
situation in our country, drawing upon our practical experience in civil
activities, for the purpose of protecting the lawful civil rights and
interests of citizens and legal persons and correctly adjusting civil
relations, so as to meet the needs of the developing socialist
modernization.
Article 2
The Civil Law of the People's Republic of China shall adjust property
relationships and personal relationships between civil subjects with equal
status, that is, between citizens, between legal persons and between
citizens and legal persons.
Article 3
Parties to a civil activity shall have equal status.
Article 4
In civil activities, the principles of voluntariness, fairness, making
compensation for equal value, honesty and credibility shall be observed.
Article 5
The lawful civil rights and interests of citizens and legal persons shall
be protected by law; no organization or individual may infringe upon them.
Article 6
Civil activities must be in compliance with the law; where there are no
relevant provisions in the law, they shall be in compliance with state
policies.
Article 7
Civil activities shall have respect for social ethics and shall not harm
the public interest, undermine state economic plans or disrupt social
economic order.
Article 8
The law of the People's Republic of China shall apply to civil activities
within the People's Republic of China, except as otherwise stipulated by
law.
The stipulations of this Law as regards citizens shall apply to foreigners
and stateless persons within the People's Republic of China, except as
otherwise stipulated by law.

Chapter II Citizen (Natural Person)
Section 1 Capacity for Civil Rights and Capacity for Civil Conduct.
Article 9
A citizen shall have the capacity for civil rights from birth to death and
shall enjoy civil rights and assume civil obligations in accordance with
the law.
Article 10
All citizens are equal as regards their capacity for civil rights.
Article 11
A citizen aged 18 or over shall be an adult. He shall have full capacity
for civil conduct, may independently engage in civil activities and shall
be called a person with full capacity for civil conduct.
A citizen who has reached the age of 16 but not the age of 18 and whose
main source of income is his own labour shall be regarded as a person with
full capacity for civil conduct.
Article 12
A minor aged 10 or over shall be a person with limited capacity for civil
conduct and may engage in civil activities appropriate to his age and
intellect; in other civil activities, he shall be represented by his agent
ad litem or participate with the consent of his agent ad litem.
A minor under the age of 10 shall be a person having no capacity for civil
conduct and shall be represented in civil activities by his agent ad
litem.
Article 13
A mentally ill person who is unable to account for his own conduct shall
be a person having no capacity for civil conduct and shall be represented
in civil activities by his agent ad litem.
A mentally ill person who is unable to fully account for his own conduct
shall be a person with limited capacity for civil conduct and may engage
in civil activities appropriate to his mental health; in other civil
activities, he shall be represented by his agent ad litem or participate
with the consent of his agent ad litem.
Article 14
The guardian of a person without or with limited capacity for civil
conduct shall be his agent ad litem.
Article 15
The domicile of a citizen shall be the place where his residence is
registered; if his habitual residence is not the same as his domicile, his
habitual residence shall be regarded as his domicile.
Section 2 Guardianship
Article 16
The parents of a minor shall be his guardians.
If the parents of a minor are dead or lack the competence to be his
guardian, a person from the following categories who has the competence to
be a guardian shall act as his guardian:
(1) paternal or maternal grandparent;
(2) elder brother or sister; or
(3) any other closely connected relative or friend willing to bear the
responsibility of guardianship and having approval from the units of the
minor's parents or from the neighbourhood or village committee in the
place of the minor's residence. In case of a dispute over guardianship,
the units of the minor's parents or the neighbourhood or village committee
in the place of his residence shall appoint a guardian from among the
minor's near relatives. If disagreement over the appointment leads to a
lawsuit, the people's court shall make a ruling.
If none of the persons listed in the first two paragraphs of this article
is available to be the guardian, the units of the minor's parents, the
neighbourhood or village committee in the place of the minor's residence
or the civil affairs department shall act as his guardian.
Article 17
A person from the following categories shall act as guardian for a
mentally ill person without or with limited capacity for civil conduct:
(1) spouse;
(2) parent;
(3) adult child;
(4) any other near relative;
(5) any other closely connected relative or friend willing to bear the
responsibility of guardianship and having approval from the unit to which
the mentally ill person belongs or from the neighbourhood or village
committee in the place of his residence. In case of a dispute over
guardianship, the unit to which the mentally ill person belongs or the
neighbourhood or village committee in the place of his residence shall
appoint a guardian from among his near relatives. If disagreement over the
appointment leads to a lawsuit, the people's court shall make a ruling.
If none of the persons listed in the first paragraph of this article is
available to be the guardian, the unit to which the mentally ill person
belongs, the neighbourhood or village committee in the place of his
residence or the civil affairs department shall act as his guardian.
Article 18
A guardian shall fulfil his duty of guardianship and protect the person,
property and other lawful rights and interests of his ward. A guardian
shall not handle the property of his ward unless it is in the ward's
interests.
A guardian's rights to fulfil his guardianship in accordance with the law
shall be protected by law.
If a guardian does not fulfil his duties as guardian or infringes upon the
lawful rights and interests of his ward, he shall be held responsible; if
a guardian causes any property loss for his ward, he shall compensate for
such loss. The people's court may disqualify a guardian based on the
application of a concerned party or unit.
Article 19
A person who shares interests with a mental patient may apply to a
people's court for a declaration that the mental patient is a person
without or with limited capacity for civil conduct.
With the recovery of the health of a person who has been declared by a
people's court to be without or with limited capacity for civil conduct,
and upon his own application or that of an interested person, the people's
court may declare him to be a person with limited or full capacity for
civil conduct.
Section 3 Declarations of Missing Persons and Death
Article 20
If a citizen's whereabouts have been unknown for two years, an interested
person may apply to a people's court for a declaration of the citizen as
missing.
If a person's whereabouts become unknown during a war, the calculation of
the time period in which his whereabouts are unknown shall begin on the
final day of the war.
Article 21
A missing person's property shall be placed in the custody of his spouse,
parents, adult children or other closely connected relatives or friends.
In case of a dispute over custody, if the persons stipulated above are
unavailable or are incapable of taking such custody, the property shall be
placed in the custody of a person appointed by the people's court. Any
taxes, debts and other unpaid expenses owed by a missing person shall
defrayed by the custodian out of the missing person's property.
Article 22
In the event that a person who has been declared missing reappears or his
whereabouts are ascertained, the people's court shall, upon his own
application or that of an interested person, revoke the declaration of his
missing-person status.
Article 23
Under either of the following circumstances, an interested person may
apply to the people's court for a declaration of a citizen's death:
(1) if the citizen's whereabouts have been unknown for four years or
(2) if the citizen's whereabouts have been unknown for two years after the
date of an accident in which he was involved.
If a person's whereabouts become unknown during a war, the calculation of
the time period in which his whereabouts are unknown shall begin on the
final day of the war.
Article 24
In the event that a person who has been declared dead reappears or it is
ascertained that he is alive, the people's court shall, upon his own
application or that of an interested person, revoke the declaration of his
death.
Any civil juristic acts performed by a person with capacity for civil
conduct during the period in which he has been declared dead shall be
valid.
Article 25
A person shall have the right to request the return of his property, if
the declaration of his death has been revoked. Any citizen or organization
that has obtained such property in accordance with the Law of Succession
shall return the original items or make appropriate compensation if the
original items no longer exist.
Section 4 Individual Businesses and Leaseholding Farm Households
Article 26
"Individual businesses" refers to business run by individual citizens who
have been lawfully registered and approved to engage in industrial or
commercial operation within the sphere permitted by law. An individual
business may adopt a shop name.
Article 27
"Leaseholding farm households" refers to members of a rural collective
economic organization who engage in commodity production under a contract
and within the spheres permitted by law.
Article 28
The legitimate rights and interests of individual businesses and
leaseholding farm households shall be protected by law.
Article 29
The debts of an individual business or a leaseholding farm household shall
be secured with the individual's property if the business is operated by
an individual and with the family's property if the business is operated
by a family.
Section 5 Individual Partnership
Article 30
"Individual partnership" refers to two or more citizens associated in a
business and working together, with each providing funds, material
objects, techniques and so on according to an agreement.
Article 31
Partners shall make a written agreement covering the funds each is to
provide, the distribution of profits, the responsibility for debts, the
entering into and withdrawal from partnership, the ending of partnership
and other such matters.
Article 32
The property provided by the partners shall be under their unified
management and use. The property accumulated in a partnership operation
shall belong to all the partners.
Article 33
An individual partnership may adopt a shop name; it shall be approved and
registered in accordance with the law and conduct business operations
within the range as approved and registered.
Article 34
The operational activities of an individual partnership shall be decided
jointly by the partners, who each shall have the right to carry out and
supervise those activities. The partners may elect a responsible person.
All partners shall bear civil liability for the operational activities of
the responsible person and other personnel.
Article 35
A partnership's debts shall be secured with the partners' property in
proportion to their respective contributions to the investment or
according to the agreement made. Partners shall undertake joint liability
for their partnership's debts, except as otherwise stipulated by law. Any
partner who overpays his share of the partnership's debts shall have the
right to claim compensation from the other partners.

Chapter III Legal Persons
Section 1 General Stipulations
Article 36
A legal person shall be an organization that has capacity for civil rights
and capacity for civil conduct and independently enjoys civil rights and
assumes civil obligations in accordance with the law.
A legal person's capacity for civil rights and capacity for civil conduct
shall begin when the legal person is established and shall end when the
legal person terminates.
Article 37
A legal person shall have the following qualifications:
(1) establishment in accordance with the law;
(2) possession of the necessary property or funds;
(3) possession of its own name, organization and premises; and
(4) ability to independently bear civil liability.
Article 38
In accordance with the law or the articles of association of the legal
person, the responsible person who acts on behalf of the legal person in
exercising its functions and powers shall be its legal representative.
Article 39
A legal person's domicile shall be the place where its main administrative
office is located.
Article 40
When a legal person terminates, it shall go into liquidation in accordance
with the law and discontinue all other activities.
Section 2 Enterprise as Legal Person
Article 41
An enterprise owned by the whole people or under collective ownership
shall be qualified as a legal person when it has sufficient funds as
stipulated by the state; has articles of association, an organization and
premises; has the ability to independently bear civil liability; and has
been approved and registered by the competent authority. A Chinese-
foreign equity joint venture, Chinese-foreign contractual joint venture or
foreign-capital enterprise established within the People's Republic of
China shall be qualified as a legal person in China if it has the
qualifications of a legal person and has been approved and registered by
the administrative agency for industry and commerce in according with the
law.
Article 42
An enterprise as legal person shall conduct operations within the range
approved and registered.
Article 43
An enterprise as legal person shall bear civil liability for the
operational activities of its legal representatives and other personnel.
Article 44
If an enterprise as legal person is divided or merged or undergoes any
other important change, it shall register the change with the registration
authority and publicly announce it.
When an enterprise as legal person is divided or merged, its rights and
obligations shall be enjoyed and assumed by the new legal person that
results from the change.
Article 45
An enterprise as legal person shall terminate for any of the following
reasons:
(1) if it is dissolved by law;
(2) if it is disbanded;
(3) if it is declared bankrupt in accordance with the law; or
(4) for other reasons.
Article 46
When an enterprise as legal person terminates, it shall cancel its
registration with the registration authority and publicly announce the
termination.
Article 47
When an enterprise as legal person is disbanded, it shall establish a
liquidation organization and go into liquidation. When an enterprise as
legal person is dissolved or is declared bankrupt, the competent authority
or a people's court shall organize the organs and personnel concerned to
establish a liquidation organization to liquidate the enterprise.
Article 48
An enterprise owned by the whole people, as legal person, shall bear civil
liability with the property that the state authorizes it to manage. An
enterprise under collective ownership, as legal person, shall bear civil
liability with the property it owns. A Chinese-foreign equity joint
venture, Chinese-foreign contractual joint venture or foreign-capital
enterprise as legal person shall bear civil liability with the property it
owns, except as stipulated otherwise by law.
Article 49
Under any of the following circumstances, an enterprise as legal person
shall bear liability, its legal representative may additionally be given
administrative sanctions and fined and, if the offence constitutes a
crime, criminal responsibility shall be investigated in accordance with
the law:
(1) conducting illegal operations beyond the range approved and registered
by the registration authority;
(2) concealing facts from the registration and tax authorities and
practising fraud;
(3) secretly withdrawing funds or hiding property to evade repayment of
debts;
(4) disposing of property without authorization after the enterprise is
dissolved, disbanded or declared bankrupt;
(5) failing to apply for registration and make a public announcement
promptly when the enterprise undergoes a change or terminates, thus
causing interested persons to suffer heavy losses;
(6) engaging in other activities prohibited by law, damaging the interests
of the state or the public interest.
Section 3 Official Organ, Institution and Social Organization as Legal
Person
Article 50
An independently funded official organ shall be qualified as a legal
person on the day it is established.
If according to law an institution or social organization having the
qualifications of a legal person needs not go through the procedures for
registering as a legal person, it shall be qualified as a legal person on
the day it is established; if according to law it does need to go through
the registration procedures, it shall be qualified as a legal person after
being approved and registered.
Section 4 Economic Association
Article 51
If a new economic entity is formed by enterprises or an enterprise and an
institution that engage in economic association and it independently bears
civil liability and has the qualifications of a legal person, the new
entity shall be qualified as a legal person after being approved and
registered by the competent authority.
Article 52
If the enterprises or an enterprise and an institution that engage in
economic association conduct joint operation but do not have the
qualifications of a legal person, each party to the association shall, in
proportion to its respective contribution to the investment or according
to the agreement made, bear civil liability with the property each party
owns or manages. If joint liability is specified by law or by agreement,
the parties shall assume joint liability.
Article 53
If the contract for economic association of enterprises or of an
enterprise and an institution specifies that each party shall conduct
operations independently, it shall stipulate the rights and obligations of
each party, and each party shall bear civil liability separately.

Chapter IV Civil Juristic Acts and Agency
Section 1 Civil Juristic Acts
Article 54
A civil juristic act shall be the lawful act of a citizen or legal person
to establish, change or terminate civil rights and obligations.
Article 55
A civil juristic act shall meet the following requirements:
(1) the actor has relevant capacity for civil conduct;
(2) the intention expressed is genuine; and
(3) the act does not violate the law or the public interest.
Article 56
A civil juristic act may be in written, oral or other form. If the law
stipulates that a particular form be adopted, such stipulation shall be
observed.
Article 57
A civil juristic act shall be legally binding once it is instituted. The
actor shall not alter or rescind his act except in accordance with the law
or with the other party's consent.
Article 58
Civil acts in the following categories shall be null and void:
(1) those performed by a person without capacity for civil conduct;
(2) those that according to law may not be independently performed by a
person with limited capacity for civil conduct;
(3) those performed by a person against his true intentions as a result of
cheating, coercion or exploitation of his unfavourable position by the
other party;
(4) those that performed through malicious collusion are detrimental to
the interest of the state, a collective or a third party;
(5) those that violate the law or the public interest;
(6) economic contracts that violate the state's mandatory plans; and
(7) those that performed under the guise of legitimate acts conceal
illegitimate purposes. Civil acts that are null and void shall not be
legally binding from the very beginning.
Article 59
A party shall have the right to request a people's court or an arbitration
agency to alter or rescind the following civil acts:
(1) those performed by an actor who seriously misunderstood the contents
of the acts;
(2) those that are obviously unfair.
Rescinded civil acts shall be null and void from the very beginning.
Article 60
If part of a civil act is null and void, it shall not affect the validity
of other parts.
Article 61
After a civil act has been determined to be null and void or has been
rescinded, the party who acquired property as a result of the act shall
return it to the party who suffered a loss. The erring party shall
compensate the other party for the losses it suffered as a result of the
act; if both sides are in error, they shall each bear their proper share
of the responsibility.
If the two sides have conspired maliciously and performed a civil act that
is detrimental to the interests of the state, a collective or a third
party, the property that they thus obtained shall be recovered and turned
over to the state or the collective, or returned to the third party.
Article 62
A civil juristic act may have conditions attached to it. Conditional civil
juristic acts shall take effect when the relevant conditions are met.
Section 2 Agency
Article 63
Citizens and legal persons may perform civil juristic acts through agents
An agent shall perform civil juristic acts in the principal's name within
the scope of the power of agency. The principal shall bear civil liability
for the agent's acts of agency. Civil juristic acts that should be
performed by the principal himself, pursuant to legal provisions or the
agreement between the two parties, shall not be entrusted to an agent.
Article 64
Agency shall include entrusted agency, statutory agency and appointed
agency. An entrusted agent shall exercise the power of agency as
entrusted by the principal; a statutory agent shall exercise the power of
agency as prescribed by law; and an appointed agent shall exercise the
power of agency as designated by a people's court or the appointing unit.
Article 65
A civil juristic act may be entrusted to an agent in writing or orally. If
legal provisions require the entrustment to be written, it shall be
effected in writing. Where the entrustment of agency is in writing, the
power of attorney shall clearly state the agent's name, the entrusted
tasks and the scope and duration of the power of agency, and it shall be
signed or sealed by the principal.
If the power of attorney is not clear as to the authority conferred, the
principal shall bear civil liability towards the third party, and the
agent shall be held jointly liable.
Article 66
The principal shall bear civil liability for an act performed by an actor
with no power of agency, beyond the scope of his power of agency or after
his power of agency has expired, only if he recognizes the act
retroactively. If the act is not so recognized, the performer shall bear
civil liability for it. If a principal is aware that a civil act is being
executed in his name but fails to repudiate it, his consent shall be
deemed to have been given.
An agent shall bear civil liability if he fails to perform his duties and
thus causes damage to the principal.
If an agent and a third party in collusion harm the principal's interests,
the agent and the third party shall be held jointly liable.
If a third party is aware that an actor has no power of agency, is
overstepping his power of agency, or his power of agency has expired and
yet joins him in a civil act and thus brings damage to other people, the
third party and the actor shall be held jointly liable.
Article 67
If an agent is aware that the matters entrusted are illegal but still
carries them out, or if a principal is aware that his agent's acts are
illegal but fails to object to them, the principal and the agent shall be
held jointly liable.
Article 68
If in the principal's interests an entrusted agent needs to transfer the

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