Académique Documents
Professionnel Documents
Culture Documents
Simi
Age
Agency
Loan
borro
wer is
given
mone
y for
purpo
ses of
his
own
and
he
must
gener
ally
return
it
agent
may
be
given
fund
to
advan
ce the
princi
pal's
busin
ess
Lease
of
Servic
e
the
basis
is
employ
ment
the
basis
is
repres
entatio
n
Independent
Contract
Partners
hip
copartners
acts not
only for
his copartners
and the
partners
hip but
also as
principal
of
himself
the independent
contractor
exercises his
employment
independently
agent is subject
to the control
and direction of
the principal
whom he
represents
agent
acts for
his
principal
Negotiorium
gestio
representation
is expressly
conferred;
contract
Broker
age
broker
has no
relatio
n with
the
thing
he
buys
or sells
commi
ssion
agent
is one
engag
ed in
the
purcha
se or
sale
for
anothe
r
KINDS OF AGENCY
As to manner of its creation
Express agent has been actually authorized by the
principal either orally or in writing
Implied implied from the acts of the principal, from his
silence or lack of action, or his failure to repudiate the
agency
As to its character
Gratuitous agent receives no compensation for his
services
Compensated or Onerous agent receives
compensation for his services
As to extent of business covered
General comprises all the business of the principal
Special comprises one or more specific transactions
As to authority conferred
Couched in general terms created in general terms and
is deemed to comprise only acts of administration.
Couched in specific terms authorizing only the
performance of a specific act or acts.
As to its nature and effects
Ostensible or representative agent acts in the name
and the representation of the principal
Simple or commission agent acts for the account of the
principal but in his own name.
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. (Art. 1870)
The agency is impliedly accepted if the agent receives a power of
attorney from the principal himself personally without any
objection, both being present.
Power of Attorney written authorization to an agent to perform
specified acts in behalf of his principal which acts, when performed,
shall have binding effect on the principal.
If both the principal and the agent are absent, acceptance by the
agent is not implied from his silence or inaction except when the
principal transmits his power of attorney to the agent, who receives it
without any objection, or 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.
TWO WAYS OF GIVING NOTICE OF AGENCY WITH DIFFERENT
EFFECTS
If by special information, the person pointed as agent is
considered such with respect to the person to whom it was
given.
If by public advertisement, the agent is considered as such
with regard to any person.
The power of attorney must be revoked in the same manner in which
it was given.
Agency
Agency
When the limitations upon the power created by him could not
have been known by the third person.
When the principal has placed in the hands of the agent
instruments signed by him in blank.
When the principal has ratified the acts of the agent.
KINDS OF PRINCIPAL
Disclosed principal other party has notice that the agent is
acting for principal and of the principals identity.
Partially disclosed principal other party has notice that the
agent is or may be acting for a principal but has no notice of the
principals identity.
Undisclosed principal other party has no notice that the
agent is acting for a principal.
If an agent acts in his own name, he is the one directly liable to the
person with whom he had contracted as if the transaction were his
own.
If an agent acts in his own name and involves the things belonging to
the principal, the principal is bound by the act of agent as if the
contract is