12/11/13 (WED) BUSLAW2
FINALS: Dec. 18 @ 6:00-8:00
AGENCY
- is just an extension of the personality
of the principal.
- can be a contract that is expressed
or implied (lack of action)..
Civil Code of the Philippines
1874. A contract of sale of a piece of
land of any interest therein done by an
agent.
- authority must be in writing,
otherwise it is void.
- and we will take responsibility for his
1875. It is presumed that an agent
acts for compensation.
1878. Special Power of Attorney (SPA)
- necessary in acts of strict dominion
- should be in writing and this must be
notarized.
- to lease real property for more than
1 year.
* If the lease is less than 1 year, the
agent is authorized to act of
administration.
The agent must act within the scope of
his authority.
If the act of the agent is advantageous
to the principal then it is not in excess
of his authority.
It is void if it was in excess of the
agents authority.
If the agent acts in his own name
___________?
If the agent contracts in the name of
the principal and exceeding his
authority, it is void unless ratified by
the principal.
A 3rd person has no obligation to
investigate the contract between the
principal and the agent.
1902. 3rd person may (not mandatory)
require the agent to present the
contract of agency if necessary.
The contract between the principal
and the agent will not bind 3rd persons
Any action done by the agent acting
within the scope of his authority will
bind the principal.
If the agent acted beyond his authority
then this will not bind the principal
own actions.
1911. If the agent exceeded his
authority, the principal is solidarily
liable to the agent if he allowed the
agent to act as though he have full
power.
If there is an implied agency, the
principal is liable,
Modes of Extinguishing Agency
Revocation
Withdrawal by the Agent
Death, Insanity, Insolvency
Dissolution of the Firm or Corporation
Accomplishment of the Purpose
The Expiration of the Period of Agency
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Pedro is in New York and cannot
therefore transact business here in the
Philippines hired an agent Juan to act
in his behalf.
Pedro wanted to transfer his property
and authorized Juan to do his sale to
X. This is void since Juan does not own
the property.
Juan needs to execute an act of strict
dominion which requires SPA which York. This will produce the public
needs to be notarized by the consul document which will then be sent to
based on Philippine embassy in New the Philippines.