literature Mainland China English summary

Legal Evaluation of Contracting Beyond Statutory Limits on Representative Power

超越代表权法定限制缔约行为的法律评价

Argues that statutory-limit violations should be evaluated through reliance, public-law legality, and responsibility rules rather than by expanding the legal representative into a general company boss.

Brief English Introduction

Xie analyzes contracts made beyond statutory limits on representative power, especially the tension between presumed knowledge of law and protection of transactional reliance. The article warns that treating the legal representative as a broad “responsible person” can disturb corporate governance checks.

Use It For

Use it for company guarantees and other transactions where the representative’s title alone should not end the analysis.

Teaching Notes

Ask students whether future law should reduce the distinction between representation and agency by creating a unified company-expression system.