专业团队

          效力待定合同的种类

    一、限制民事行为能力人订立的合同。

    限制民事行为能力人订立的合同，经法定代理人追认后，该合同有效，但纯获利益的合同或者与其年龄、智力、精神健康状况相适应而订立的合同，不必经法定代理人追认。相对人可以催告法定代理人在一个月内予以追认。法定代理人未作表示的，视为拒绝追认。合同被追认之前，善意相对人有撤销的权利。撤销应当以通知的方式作出。根据法律规定。限制民事行为能力人订立的合同在以下三种情况下是有效的：

    1、经过法定代理人追认;

    2、纯获利益的合同，如赠与合同;

    3、与其年龄、智力、精神健康状况相适应而订立的合同;

    二、无权代理的行为人代订合同的效力待定。无权代理行为，是指行为人没有代理权、超越代理权限范围代理或者代理权终止后仍以被代理人的名义订立的合同，属于效力待定的合同。

    1、无权代理人代订的合同对被代理人不发生效力。未经被代理人追认，对被代理人不发生效力，由行为人承担责任。

    2、无权代理人代订合同行为有效的规定。行为人没有代理权、超越代理权或者代理权终止后以被代理人名义订立合同，相对人有正当理由相信行为人有代理权的，该代理行为有效。

    三、法人或者其他组织的法定代表人、负责人越权订立合同的效力待定。法定代表人、负责人依法享有相应的权利订立的合同是有效的;只有在相对人知道或者应当知道法定代表人、负责人超越权限时，才属无效。

    四、无处分权人处分他人财产的合同效力。当事人订立合同处分财产时，应当享有财产处分权，否则合同无效。但是，法律规定，无处分权的人处分他人的财产，经权利人追认或者无处分权的人订立合同后取得处分权的，该合同有效。

Types of contracts with undetermined effectiveness

1、 Contracts entered into by persons with limited capacity for civil conduct.

A contract entered into by a person with limited capacity for civil conduct shall be valid after being ratified by the legal representative. However, a contract that is purely beneficial or a contract that is suitable for their age, intelligence, or mental health status does not need to be ratified by the legal representative. The counterpart can urge the legal representative to recognize it within one month. If the legal representative fails to make a statement, it shall be deemed as refusal of recognition. Before the contract is ratified, the good faith counterpart has the right to revoke it. Revocation should be made by notification. According to legal regulations. A contract entered into by a person with limited capacity for civil conduct is valid in the following three situations:

1. Approved by the legal representative;

2. A purely beneficial contract, such as a gift contract;

3. Contracts entered into in accordance with their age, intelligence, and mental health status;

2、 The effectiveness of contracts signed by unauthorized agents is yet to be determined. Unauthorized agency behavior refers to a contract entered into by the agent in the name of the principal after the agent has no agency power, acts beyond the scope of agency authority, or terminates the agency power. It is a contract with undetermined effectiveness.

1. Contracts signed by unauthorized agents shall not have any effect on the principal. Without the recognition of the principal, it shall not have any effect on the principal and shall be borne by the actor.

2. The provision on the validity of contract signing by unauthorized agents. If the actor does not have agency power, exceeds agency power, or enters into a contract in the name of the principal after the termination of agency power, and the counterparty has legitimate reasons to believe that the actor has agency power, the agency act is valid.

3、 The effectiveness of contracts concluded by the legal representative or person in charge of a legal person or other organization beyond their authority is yet to be determined. The contract concluded by the legal representative and person in charge who have the corresponding rights in accordance with the law is valid; Only when the other party knows or should know that the legal representative or person in charge has exceeded their authority, it is considered invalid.

4、 The effectiveness of a contract for the disposal of property by a person without the right to dispose of it. When the parties enter into a contract to dispose of property, they shall have the right to dispose of the property, otherwise the contract shall be invalid. However, according to the law, if a person without the right to dispose of another person's property is recognized by the right holder or obtains the right to dispose after the person without the right to dispose enters into a contract, the contract shall be valid.