1868 ONWARDS Flashcards
Article 1868. By the contract of agency a person
binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter.
Article 1869. Agency may be
express, or implied from the acts of the principal, from his silence or lack of action, or his failure to repudiate the agency, knowing that another person is acting on his behalf without authority.
May the agency be oral?
Yes. Agency may be oral, unless the law requires a specific form.
Article 1870. Acceptance by the agent may
also be express, or implied from his acts which carry out the agency, or from his silence or inaction according to the circumstances
Between persons who are present, may the acceptance of the agency be implied if the principal delivers his power of attorney to the agent and the latter receives it without any objection?
yes. 1871
Article 1872. Between persons who are absent, may the acceptance of the agency be implied from the silence of the agent?
no, except
(1) When the principal transmits his power of attorney to the agent, who receives it without any objection;
(2) When the principal entrusts to him by letter or telegram a power of attorney with respect to the business in which he is habitually engaged as an agent, and he did not reply to the letter or telegram. (n)
Article 1873. If a person specially informs another or states by public advertisement that he has given a power of attorney to a third person, does the latter thereby become a duly authorized agent?
yes. in the former case with respect to the person who received the special information, and in the latter case with regard to any person.
Does the power continue to be in full force?
yes. until the notice is rescinded in the same manner in which it was given. (n)
Article 1874. When a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be
in writing; otherwise, the sale shall be void. (n)
Article 1875. Agency is presumed to be for a
compensation, unless there is proof to the contrary. (n)
Article 1876. An agency is either
The former comprises all the
The latter,
general or special.
business of the principal.
one or more specific transactions.
Article 1877. An agency couched in general terms comprises only
acts of administration, even if the principal should state that he withholds no power or that the agent may execute such acts as he may consider appropriate, or even though the agency should authorize a general and unlimited management.
Article 1878. Special powers of attorney are necessary in the following cases:
(1) To make such payments as are not usually considered as acts of administration;
(2) To effect novations which put an end to obligations already in existence at the time the agency was constituted;
(3) To compromise, to submit questions to arbitration, to renounce the right to appeal from a judgment, to waive objections to the venue of an action or to abandon a prescription already acquired;
(4) To waive any obligation gratuitously;
(5) To enter into any contract by which the ownership of an immovable is transmitted or acquired either gratuitously or for a valuable consideration;
(6) To make gifts, except customary ones for charity or those made to employees in the business managed by the agent;
(7) To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the things which are under administration;
(8) To lease any real property to another person for more than one year;
(9) To bind the principal to render some service without compensation;
(10) To bind the principal in a contract of partnership;
(11) To obligate the principal as a guarantor or surety;
(12) To create or convey real rights over immovable property;
(13) To accept or repudiate an inheritance;
(14) To ratify or recognize obligations contracted before the agency;
(15) Any other act of strict dominion. (n)
Article 1879. A special power to sell excludes the
and a special power to mortgage
power to mortgage;
does not include the power to sell. (n)
Article 1880. does a special power to compromise authorize submission to arbitration?
no
Article 1881. The agent must act within
He may do such acts as may be conducive to the (1714a)
the scope of his authority.
accomplishment of the purpose of the agency.
Article 1882. shall the limits of the agent’s authority be considered exceeded should it have been performed in a manner more advantageous to the principal than that specified by him. (1715)
In such case the agent is the one directly bound in favor of the person with whom he has contracted, as if the transaction were his own, except when the contract involves things belonging to the principal.
The provisions of this article shall be understood to be without prejudice to the actions between the principal and agent.
no
Article 1883. If an agent acts in his own name, does the principal have a right of action against the persons with whom the agent has contracted? can such persons have an action against the principal?
no and no
Article 1884. The agent is bound by his acceptance to carry out the agency, and is liable …
He must also finish the business already begun on the death of the principal, should delay entail any danger. (1718)
for the damages which, through his non-performance, the principal may suffer.
Article 1885. In case a person declines an agency, he is bound to observe the ________ of the goods forwarded to him by the owner until the latter should appoint an agent or take charge of the goods. (n)
diligence of a good father of a family in the custody and preservation
Article 1886. Should there be a stipulation that the agent shall advance the necessary funds, shall he be bound to do so
yes, except when the principal is insolvent. (n)
Article 1887. In the execution of the agency, shall the agent act in accordance with the instructions of the principal?
yes, In default thereof, he shall do all that a good father of a family would do, as required by the nature of the business. (1719)
Article 1888. shall an agent carry out an agency if its execution would manifestly result in loss or damage to the principal. (n)
no
Article 1889. shall the agent be liable for damages if, there being a conflict between his interests and those of the principal, he should prefer his own. (n)
yes
Article 1890. If the agent has been empowered to borrow money, may he himself be the lender at the current rate of interest?
If he has been authorized to lend money at interest, can he borrow it without the consent of the principal?
yes
no
Article 1891. is every agent bound to render an account of his transactions and to deliver to the principal whatever he may have received by virtue of the agency, even though it may not be owing to the principal?
Every stipulation exempting the agent from the obligation to render an account shall be(1720a)
yes
void
Article 1892. may the agent appoint a substitute if the principal has not prohibited him from doing so? ;
yes, but he shall be responsible for the acts of the substitute:
when shall the agent be responsible for the acts of the substitute?
(1) When he was not given the power to appoint one;
(2) When he was given such power, but without designating the person, and the person appointed was notoriously incompetent or insolvent.
All acts of the substitute appointed against the prohibition of the principal shall be void. (1721)
Article 1893. In the cases mentioned in Nos. 1 and 2 of the preceding article, may the principal bring an action against the substitute with respect to the obligations which the latter has contracted under the substitution. (1722a)
yes
Article 1894. is the responsibility of two or more agents, even though they have been appointed simultaneously solidary,
no, if solidarity has not been expressly stipulated. (1723)
Article 1895. If solidarity has been agreed upon, is each of the agents responsible for the non-fulfillment of agency, and for the fault or negligence of his fellows agents
yes, , except in the latter case when the fellow agents acted beyond the scope of their authority. (n)
Article 1896. does the agent owe interest on the sums he has applied to his own use (1724a)
yes, from the day on which he did so, and on those which he still owes after the extinguishment of the agency.
Article 1897. does the agent who act as such personally liable to the party with whom he contracts,
Article 1898. If the agent contracts in the name of the principal, exceeding the scope of his authority, and the principal does not ratify the contract, it shall be void if the party with whom the agent contracted is aware of the limits of the powers granted by the principal. In this case, however, the agent is liable if he undertook to secure the principal’s ratification. (n)
Article 1899. If a duly authorized agent acts in accordance with the orders of the principal, the latter cannot set up the ignorance of the agent as to circumstances whereof he himself was, or ought to have been, aware. (n)
Article 1900. So far as third persons are concerned, an act is deemed to have been performed within the scope of the agent’s authority, if such act is within the terms of the power of attorney, as written, even if the agent has in fact exceeded the limits of his authority according to an understanding between the principal and the agent. (n)
Article 1901. A third person cannot set up the fact that the agent has exceeded his powers, if the principal has ratified, or has signified his willingness to ratify the agent’s acts. (n)
Article 1902. A third person with whom the agent wishes to contract on behalf of the principal may require the presentation of the power of attorney, or the instructions as regards the agency. Private or secret orders and instructions of the principal do not prejudice third persons who have relied upon the power of attorney or instructions shown them. (n)
Article 1903. The commission agent shall be responsible for the goods received by him in the terms and conditions and as described in the consignment, unless upon receiving them he should make a written statement of the damage and deterioration suffered by the same. (n)
Article 1904. The commission agent who handles goods of the same kind and mark, which belong to different owners, shall distinguish them by countermarks, and designate the merchandise respectively belonging to each principal. (n)
Article 1905. The commission agent cannot, without the express or implied consent of the principal, sell on credit. Should he do so, the principal may demand from him payment in cash, but the commission agent shall be entitled to any interest or benefit, which may result from such sale. (n)
Article 1906. Should the commission agent, with authority of the principal, sell on credit, he shall so inform the principal, with a statement of the names of the buyers. Should he fail to do so, the sale shall be deemed to have been made for cash insofar as the principal is concerned. (n)
Article 1907. Should the commission agent receive on a sale, in addition to the ordinary commission, another called a guarantee commission, he shall bear the risk of collection and shall pay the principal the proceeds of the sale on the same terms agreed upon with the purchaser. (n)
Article 1908. The commission agent who does not collect the credits of his principal at the time when they become due and demandable shall be liable for damages, unless he proves that he exercised due diligence for that purpose. (n)
Article 1909. The agent is responsible not only for fraud, but also for negligence, which shall be judged with more or less rigor by the courts, according to whether the agency was or was not for a compensation. (1726)
no, unless he expressly binds himself or exceeds the limits of his authority without giving such party sufficient notice of his powers. (1725)
Article 1898. If the agent contracts in the name of the principal, exceeding the scope of his authority, and the principal does not ratify the contract, it shall be
void if the party with whom the agent contracted is aware of the limits of the powers granted by the principal. In this case, however, the agent is liable if he undertook to secure the principal’s ratification. (n)
Article 1899. If a duly authorized agent acts in accordance with the orders of the principal, can the latter set up the ignorance of the agent as to circumstances whereof he himself was, or ought to have been, aware. (n)
no
Article 1900. So far as third persons are concerned, is an act deemed to have been performed within the scope of the agent’s authority, if such act is within the terms of the power of attorney, as written, even if the agent has in fact exceeded the limits of his authority according to an understanding between the principal and the agent. (n)
yes
Article 1901. can a third person set up the fact that the agent has exceeded his powers, if the principal has ratified, or has signified his willingness to ratify the agent’s acts. (n)
Article 1902. A third person with whom the agent wishes to contract on behalf of the principal may require the presentation of the power of attorney, or the instructions as regards the agency. Private or secret orders and instructions of the principal do not prejudice third persons who have relied upon the power of attorney or instructions shown them. (n)
Article 1903. The commission agent shall be responsible for the goods received by him in the terms and conditions and as described in the consignment, unless upon receiving them he should make a written statement of the damage and deterioration suffered by the same. (n)
Article 1904. The commission agent who handles goods of the same kind and mark, which belong to different owners, shall distinguish them by countermarks, and designate the merchandise respectively belonging to each principal. (n)
Article 1905. The commission agent cannot, without the express or implied consent of the principal, sell on credit. Should he do so, the principal may demand from him payment in cash, but the commission agent shall be entitled to any interest or benefit, which may result from such sale. (n)
Article 1906. Should the commission agent, with authority of the principal, sell on credit, he shall so inform the principal, with a statement of the names of the buyers. Should he fail to do so, the sale shall be deemed to have been made for cash insofar as the principal is concerned. (n)
Article 1907. Should the commission agent receive on a sale, in addition to the ordinary commission, another called a guarantee commission, he shall bear the risk of collection and shall pay the principal the proceeds of the sale on the same terms agreed upon with the purchaser. (n)
Article 1908. The commission agent who does not collect the credits of his principal at the time when they become due and demandable shall be liable for damages, unless he proves that he exercised due diligence for that purpose. (n)
Article 1909. The agent is responsible not only for fraud, but also for negligence, which shall be judged with more or less rigor by the courts, according to whether the agency was or was not for a compensation. (1726)
no
Article 1902. may a third person with whom the agent wishes to contract on behalf of the principal require the presentation of the power of attorney, or the instructions as regards the agency?
do private or secret orders and instructions of the principal prejudice third persons who have relied upon the power of attorney or instructions shown them. (n)
26)
yes
no
Article 1903. shall the commission agent be responsible for the goods received by him in the terms and conditions and as described in the consignment?
yes, unless upon receiving them he should make a written statement of the damage and deterioration suffered by the same.
Article 1904. shall the commission agent who handles goods of the same kind and mark, which belong to different owners, distinguish them by countermarks, and designate the merchandise respectively belonging to each principal. (n)
yes
Article 1905. can the commission agent without the express or implied consent of the principal, sell on credit?
Should he do so, may the principal demand from him payment in cash?
no
yes, but the commission agent shall be entitled to any interest or benefit, which may result from such sale. (n)
Article 1906. Should the commission agent, with authority of the principal, sell on credit, he shall so inform the principal, with a statement of the names of the buyers. Should he fail to do so, then
the sale shall be deemed to have been made for cash insofar as the principal is concerned. (n)
Article 1907. Should the commission agent receive on a sale, in addition to the ordinary commission, another called a guarantee commission, he shall bear what?
the risk of collection and shall pay the principal the proceeds of the sale on the same terms agreed upon with the purchaser. (n)
Article 1908. can the commission agent who does not collect the credits of his principal at the time when they become due and demandable be liable for damages?
yes, unless he proves that he exercised due diligence for that purpose.
Article 1909. The agent is responsible not only for fraud, but also
for negligence, which shall be judged with more or less rigor by the courts, according to whether the agency was or was not for a compensation.
Article 1910. must the principal comply with all the obligations which the agent may have contracted within the scope of his authority.
As for any obligation wherein the agent has exceeded his power, is the principal bound ?
yes
no, except when he ratifies it expressly or tacitly.
Article 1911. Even when the agent has exceeded his authority, is the principal solidarily liable with the agent if the former allowed the latter to act as though he had full powers. (n)
yes
