Are people authorized to sell land allowed to arbitrarily transfer their names

Thảo Nhung (T/H) |

To determine whether the person authorized to sell the land is allowed to arbitrarily transfer the land to them or not, the scope of authorization prescribed in the authorization contract must be based on the scope of authorization.

Pursuant to Article 562 of the 2015 Civil Code, the authorization contract is regulated as follows:

Article 562. Authorization contract

A power of attorney contract is an agreement between the parties, accordingly, the authorized party is obliged to perform the work on behalf of the authorized party, the authorized party must only pay remuneration if there is an agreement or the law stipulates it.

At the same time, Article 141 of the 2015 Civil Code stipulates the scope of representation as follows:

Article 141. Representative scope

1. Representatives can only be established and conduct civil transactions within the scope of representation on the following grounds:

a) Decision of competent authority;

b) Charter of a legal entity;

c) Authorization content;

d) Other provisions of law.

2. In case the scope of representation cannot be specifically determined as prescribed in Clause 1 of this Article, the legal representative has the right to establish and conduct all civil transactions for the benefit of the person being represented, unless otherwise provided by law.

3. An individual or legal entity can represent many different individuals or entities but cannot be identified as the representative to establish or conduct civil transactions with oneself or with a third party for which one is also the representative of that person, unless otherwise provided by law.

4. The representative must notify the transacting party about the scope of his/her representation.

Thus, to determine whether the person authorized to sell the land is allowed to arbitrarily transfer the land to them or not, it must be based on the scope of authorization stipulated in the authorization contract you signed with the authorized party.

However, according to Clause 3, Article 141 of the 2015 Civil Code, the authorized person cannot represent the authorized person to establish or conduct civil transactions with himself or a third party for which he or she is also the representative of that person, unless otherwise provided by law.

Therefore, the person authorized to sell the land is not allowed to arbitrarily transfer or transfer the land to them, but is only allowed to conduct transactions within the scope of authorization prescribed in the contract. All transactions outside this scope are not legally valid.

Thảo Nhung (T/H)
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