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If it is invalid, the forger can be held legally responsible.
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The forgery of the power of attorney itself does not infringe upon the rights and interests of others, because the forgery of the power of attorney does not have any impact on others if they do not engage in legal acts with others. If a forged power of attorney is used, liability may arise both in contract and in tort. Analysis of the Contract Law
Article 48 of the Contract Law Article 48 A contract concluded in the name of the person subject to the contract after the actor has no right, exceeds the right or is terminated, shall not be effective against the person subject to the contract without the recognition of the person being recognized, and the actor shall be liable.
Article 49: Where the actor does not have the right, exceeds the right, or enters into a contract in the name of the person being the subject after the right is terminated, and the counterpart has reason to believe that the actor has the right, the act is valid.
Article 122:Where the rights and interests of the person or property of the other party are infringed upon as a result of a party's breach of contract, the injured party has the right to choose to require it to bear liability for breach of contract in accordance with this Law or to require it to bear tort liability in accordance with other laws.
According to Article 49, the legal act may be valid due to the appearance of **, and the party shall bear the rights and obligations of the contract. According to Article 48, if the person is not recognized, the actor shall bear the contractual liability.
If the rights and interests of the counterparty are infringed upon due to the actor's breach of contract, which constitutes a competition of liabilities, the counterparty may choose to claim liability for breach of contract or tort liability against the actor.
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Legal Analysis: It is a crime to forge a power of attorney. If a forgery of a power of attorney is subject to legal responsibility, and if it is subject to criminal punishment, it must also bear responsibility for the consequences caused, and the forged power of attorney has no legal effect.
If the contracting party has reason to believe that the forger is a legitimate signatory, and its behavior constitutes a prima facie case, then it cannot request the cancellation of the contract externally, and can only recover from the infringer.
Legal basis: Civil Code of the People's Republic of China
Article 171:Where the perpetrator does not have ** rights, exceeds ** rights, or has ** rights terminated, but still carries out ** conduct, and has not been recognized by the ** person, it is not effective against the ** person. The counterpart may urge the person being ** to make a retrospective recognition within 30 days of receiving the notice. Where the person being ** fails to make an expression, it is deemed to be a refusal to recognize.
Before the act carried out by the perpetrator is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification. Where the conduct carried out by the actor is not recognized, the bona fide counterpart has the right to request that the actor perform the debt or request compensation from the actor for the harm suffered.
However, the scope of compensation shall not exceed the benefits that the counterparty can obtain when the person is recognized. Where the counterpart knows or should know that the actor has no rights, the counterpart and the actor are to bear responsibility in accordance with their respective faults.
Article 172:Where the actor does not have ** rights, exceeds ** rights, or conjuncts ** rights, but still carries out ** conduct after the termination of ** rights, and the counterpart has reason to believe that the actor has ** rights, the ** conduct is valid.
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Legal analysis: How to convict the forgery of a power of attorney depends on what illegal and undisciplined the other party has done with this power of attorney. If the counterfeiter uses a fake power of attorney to engage in fraudulent activities, the act of counterfeiting the power of attorney is an illegal and criminal act, and the corresponding responsibility must be borne.
Among them, the power of attorney is to entrust others to exercise their legitimate rights and interests on their behalf, and the entrusted person needs to issue legal documents of the principal when exercising power. The client shall not repudiate the entrustment for any reason. If the entrusted party makes any rights and interests that violate the laws of the state, the principal has the right to terminate the entrustment agreement, and within the legitimate rights and interests of the principal's power of attorney, all the duties and responsibilities exercised by the entrusted party will be borne by the principal, and the entrusted party shall not bear any legal responsibility.
Legal basis: Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
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Summary. Hello, it is illegal to forge a power of attorney and sell one of your parents' houses, and it is illegal to forge a power of attorney and ** someone else's property without the consent of the owner. This is a fraudulent practice that may result in criminal or civil liability.
Is it illegal to forge a power of attorney and sell one of my parents' houses?
Hello, it is illegal to forge a power of attorney and sell a house of your parents, and it is illegal to forge a letter of authorization and to ** other people's real estate without the consent of the owner. This is a fraudulent practice that may result in criminal or civil prosecution liability. , I am the eldest son in the family to tell my grandson that I am now in Shandong, and I have a house after the death of my parents in my hometown in Xinjiang.
Hello, if you forge the power of attorney and find out that someone else's property is found without authorization, you may face the following legal liabilities:1Criminal Liability:
If you are suspected of committing a crime, you may be sentenced to imprisonment, criminal detention, or a fine. 2.Civil Liability:
The owner of the house can sue the defaulter with the Fasong faction or the court to demand that he bear legal responsibility, and demand the return of the house or compensation for the loss of Yewu. Envy 3Administrative Responsibility:
If you fail to pay the relevant taxes and fees in accordance with the law when you are in the house, you may also face administrative penalties from the tax department. In short, this kind of behavior is illegal and can have serious consequences.
Hello, if you have evidence to prove that it forged the power of attorney, you can do it to report to the local public security department, and the clan chain requires investigation and evidence collection. If it is confirmed that it is a forgery, you can file a lawsuit in court to return the house or compensate for the damages.
Because I haven't gone back to Xinjiang to handle all the power of attorneys, I don't know how they sold the house.
Hello, if you don't have a power of attorney for your sisters, but they handle the transfer of the house book on their behalf, then their actions are illegal. It is recommended that you check with the local real estate management department as soon as possible for the latest property rights of Bixiao Housing, and verify the details such as the transfer time and the house sale contract. If you find something suspicious or illegal, you can consider reporting it to the relevant departments and seeking legal help.
At the same time, it is also necessary to communicate with the younger sisters, express their attitudes and opinions, and try to avoid the escalation of family disputes.
Depending on how much impact it has on stakeholders, the stakes are not large, and generally not.
Power of Attorney (Corporate Legal Person).
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Entrusting others to exercise their legitimate rights and interests on their behalf, the client shall issue legal documents of the client when exercising their powers. The client shall not repudiate the entrustment for any reason. If the entrusted party makes any rights and interests that violate the laws of the state, the principal has the right to terminate the entrustment agreement, and within the legitimate rights and interests of the principal's power of attorney, all the duties and responsibilities exercised by the entrusted party will be borne by the principal, and the entrusted party shall not bear any legal responsibility. >>>More
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