0% found this document useful (0 votes)
190 views7 pages

Types and Duties of Agency Contracts

The document discusses the nature, forms, and types of agency relationships under Philippine law. It defines agency as when one person binds themselves to perform services or acts on behalf of another with their consent. Agency can be express or implied based on the principal's actions. The agent must act within the scope of their authority from the principal. Special powers of attorney are required for certain acts like borrowing money, while general agency allows for ordinary acts of administration. The document also outlines the obligations of agents, including carrying out the agency diligently, rendering accounts to the principal, and not acting against the principal's interests.

Uploaded by

Brandon Banasan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
190 views7 pages

Types and Duties of Agency Contracts

The document discusses the nature, forms, and types of agency relationships under Philippine law. It defines agency as when one person binds themselves to perform services or acts on behalf of another with their consent. Agency can be express or implied based on the principal's actions. The agent must act within the scope of their authority from the principal. Special powers of attorney are required for certain acts like borrowing money, while general agency allows for ordinary acts of administration. The document also outlines the obligations of agents, including carrying out the agency diligently, rendering accounts to the principal, and not acting against the principal's interests.

Uploaded by

Brandon Banasan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

CHAPTER 1 NATURE, FORM AND KINDS OF AGENCY

Art. 1868. By the contract of agency a person binds himself to render _______________ service or to do
_______________ in representation or on behalf of another, with the consent or authority of the latter.

Art. 1869. Agency may be express, or _______________ from the _______________ of the principal, from his
_______________ or _______________ of action, or his _______________ to _______________ the agency,
_______________ that another person is _______________ on his behalf _______________ authority.

Agency may be oral, unless the law requires a _______________ form.

Art. 1870. Acceptance by the agent may also be express, or implied from his acts which _______________ out the
agency, or from his silence or _______________ according to the _______________.

Art. 1871. Between persons who are _______________, the acceptance of the agency may also be implied if the
principal _______________ his power of attorney to the agent and the latter _______________ it without any
_______________.

Art. 1872. Between persons who are _______________, the acceptance of the agency _______________ be implied
from the _______________ of the agent, except:

(1) When the principal _______________ his power of attorney to the agent, who receives it without any objection;

(2) When the principal _______________ to him by letter or _______________ a power of attorney with respect to the
_______________ in which he is _______________ engaged as an agent, and he did not _______________ to the letter
or _______________.

Art. 1873. If a person specially _______________ another or states by public _______________ that he has given a
power of attorney to a _______________ person, the latter thereby becomes a duly authorized agent, in the former
case with respect to the person who _______________ the _______________ information, and in the latter case with
regard to _______________ person.

The power shall _______________ to be in full _______________ until the _______________ is _______________ in
the _______________ manner in which it was _______________.

Art. 1874. When a _______________ of a piece of _______________ or any _______________ therein is through an
agent, the _______________ of the latter shall be in _______________; otherwise, the sale shall be _______________.

Art. 1875. Agency is _______________ to be for a _______________, unless there is _______________ to the
_______________.

Art. 1876. An agency is either _______________ or special.

The former comprises _______________ the business of the principal. The latter, one or more _______________
transactions.

Art. 1877. An agency _______________ in general terms comprises only acts of _______________, even if the principal
should state that he _______________ no power or that the agent may _______________ such acts as he may consider
_______________, or even though the agency should _______________ a general and _______________management.

Art. 1878. Special powers of attorney are _______________ in the following cases:
(1) To _______________ such _______________ as are not _______________ considered as acts of _______________;

(2) To _______________ _______________ which put an _______________ to obligations _______________ in


_______________ at the time the agency was _______________;

(3) To _______________, to submit _______________ to _______________, to _______________ the right to


_______________ from a judgment, to _______________ objections to the _______________ of an action or to
_______________ a _______________ already _______________;

(4) To _______________ any obligation _______________;

(5) To _______________ into any contract by which the _______________ of an _______________ is _______________
or _______________ either gratuitously or for a _______________ consideration;

(6) To make _______________, except _______________ ones for _______________ or those made to
_______________ in the business _______________ by the agent;

(7) To loan or _______________ money, unless the latter act be _______________ and _______________ for the
_______________ of the things which are under _______________;

(8) To _______________ any _______________ property to another person for more than _______________ year;

(9) To bind the principal to render some service without _______________;

(10) To bind the principal in a contract of _______________;

(11) To obligate the principal as a _______________ or _______________;

(12) To _______________ or convey _______________ rights over immovable property;

(13) To _______________ or _______________ an _______________;

(14) To _______________ or _______________ obligations contracted _______________ the agency;

(15) Any other _______________ of strict _______________.

Art. 1879. A special power to sell _______________ the power to _______________; and a special power to mortgage
does not _______________ the power to sell.

Art. 1880. A special power to _______________ does not _______________ submission to _______________.

Art. 1881. The agent must act _______________ the scope of his authority. He may do such acts as may be
_______________ to the _______________ of the _______________ of the agency.

Art. 1882. The _______________ of the agent's authority shall not be considered _______________ should it have been
performed in a manner more _______________ to the principal than that _______________ by him.

Art. 1883. If an agent acts in his _______________ name, the principal has no right of _______________ against the
persons with whom the agent has _______________; neither have such persons against the principal.

In such case the agent is the one _______________ bound in favor of the person with whom he has contracted, as if the
_______________ were his _______________, except when the contract involves things _______________ to the
principal.
The provisions of this article shall be understood to be without prejudice to the _______________ between the principal
and agent.

CHAPTER 2 OBLIGATIONS OF THE AGENT

Art. 1884. The agent is bound by his acceptance to carry out the agency, and is _______________ for the
_______________ which, through his _______________, the principal may _______________.

He must also finish the business already _______________ on the _______________of the principal, should
_______________ entail any _______________.

Art. 1885. In case a person _______________ an agency, he is bound to _______________ the diligence of a good father
of a family in the _______________ and _______________ of the goods _______________ to him by the owner until
the latter should _______________ an agent or take _______________ of the goods.

Art. 1886. Should there be a stipulation that the agent shall _______________ the _______________ funds, he shall be
bound to do so except when the principal is _______________.

Art. 1887. In the _______________ of the agency, the agent shall act in accordance with the _______________ of the
principal.

In _______________ thereof, he shall do all that a good father of a family would do, as required by the
_______________ of the business.

Art. 1888. An agent shall not carry out an agency if its _______________ would _______________ result in
_______________ or damage to the principal.

Art. 1889. The agent shall be liable for damages if, there being a _______________ between his interests and those of
the principal, he should _______________ his _______________.

Art. 1890. If the agent has been _______________ to borrow money, he may himself be the _______________ at the
_______________ rate of interest. If he has been _______________ to lend money at interest, he cannot
_______________ it without the consent of the principal.

Art. 1891. Every agent is bound to render an _______________ of his transactions and to _______________ to the
principal _______________ he may have _______________ by virtue of the agency, even though it may not be
_______________ to the principal.

Every stipulation _______________ the agent from the obligation to render an account shall be _______________.

Art. 1892. The agent may _______________ a _______________ if the principal has not _______________ him from
doing so; but he shall be _______________ for the acts of the _______________:

(1) When he was not given the _______________ to _______________ one;

(2) When he was given such power, but without _______________ the person, and the person _______________ was
_______________ incompetent or _______________.

_______________ acts of the substitute appointed against the _______________ of the principal shall be
_______________.
Art. 1893. In the cases mentioned in Nos. 1 and 2 of the preceding article, the principal may furthermore bring an
_______________ against the substitute with respect to the obligations which the latter has _______________ under
the _______________.

Art. 1894. The _______________ of two or more agents, even though they have been appointed _______________, is
not _______________, if _______________has not been _______________ stipulated.

Art. 1895. If solidarity has been agreed upon, each of the agents is _______________ for the _______________ of
agency, and for the _______________ or _______________ of his _______________ agents, except in the latter case
when the fellow agents acted _______________ the scope of their authority.

Art. 1896. The agent _______________ interest on the _______________ he has _______________ to his
_______________ use from the _______________ on which he did so, and on those which he still owes after the
_______________ of the agency.

Art. 1897. The agent who acts as such is not _______________ liable to the party with whom he contracts, unless he
expressly binds _______________ or _______________ the _______________ of his authority without giving such party
_______________ _______________ of his powers.

Art. 1898. If the agent contracts in the _______________ of the principal, exceeding the scope of his authority, and the
principal does not _______________ the contract, it shall be _______________ if the party with whom the agent
contracted is _______________ of the limits of the powers granted by the principal. In this case, however, the agent is
liable if he _______________ to _______________ the principal's _______________.

Art. 1899. If a duly authorized agent acts in accordance with the _______________ of the principal, the latter cannot set
up the _______________ of the agent as to circumstances whereof he _______________ was, or _______________ to
have been, _______________.

Art. 1900. So far as third persons are concerned, an act is _______________ to have been _______________within the
scope of the agent's authority, if such act is within the _______________ of the power of attorney, as _______________,
even if the agent has in _______________ exceeded the limits of his authority according to an _______________
between the principal and the agent.

Art. 1901. A third person cannot set up the fact that the agent has exceeded his powers, if the principal has
_______________, or has _______________ his _______________ to ratify the agent's _______________.

Art. 1902. A third person with whom the agent _______________ to contract on behalf of the principal may
_______________ the _______________ of the power of attorney, or the _______________ as regards the agency.
Private or _______________ orders and _______________ of the principal do not prejudice third persons who have
_______________ upon the power of attorney or instructions _______________ them.

Art. 1903. The _______________ agent shall be responsible for the goods received by him in the terms and
_______________ and as _______________ in the _______________, unless upon _______________ them he should
make a _______________ statement of the _______________ and deterioration _______________ by the same.

Art. 1904. The commission agent who _______________ goods of the _______________ kind and _______________,
which belong to _______________ owners, shall _______________ them by _______________, and _______________
the _______________ respectively _______________ to _______________ principal.
Art. 1905. The commission agent cannot, without the express or implied consent of the principal, _______________ on
_______________. Should he do so, the principal may _______________ from him _______________ in
_______________, but the commission agent shall be _______________ to any interest or _______________, which
may _______________ from such _______________.

Art. 1906. Should the commission agent, with authority of the principal, sell on credit, he shall so _______________ the
principal, with a _______________ of the _______________ of the _______________. Should he _______________ to
do so, the sale shall be deemed to have been made for _______________ insofar as the principal is concerned.

Art. 1907. Should the commission agent receive on a sale, in addition to the _______________ commission, another
called a _______________ commission, he shall bear the _______________ of _______________ and shall
_______________ the principal the _______________ of the sale on the same _______________ _______________
upon with the purchaser.

Art. 1908. The commission agent who does not collect the _______________ of his principal at the time when they
become due and _______________ shall be liable for damages, unless he _______________ that he _______________
due diligence for that _______________.

Art. 1909. The agent is _______________ not only for _______________, but also for _______________, which shall be
_______________ with more or less _______________ by the courts, according to whether the agency was or was not
for a _______________.

CHAPTER 3 OBLIGATIONS OF THE PRINCIPAL

Art. 1910. The principal must _______________ with _______________ the obligations which the agent may have
_______________ within the scope of his authority.

As for any obligation wherein the agent has exceeded his power, the principal is not bound except when he
_______________ it expressly or _______________.

Art. 1911. Even when the agent has exceeded his authority, the principal is _______________ liable with the agent if the
former _______________ the latter to _______________ as _______________ he had _______________ powers.

Art. 1912. The principal must _______________ to the agent, should the latter so _______________, the
_______________ _______________ for the _______________ of the agency.

Should the agent have _______________ them, the principal must _______________ him therefor, even if the business
or undertaking was not _______________, provided the agent is _______________ from all _______________.

The _______________ shall include _______________ on the sums advanced, from the day on which the advance was
_______________.

Art. 1913. The principal must also _______________ the agent for all the _______________ which the
_______________ of the agency may have _______________ the latter, without _______________ or
_______________ on his part.

Art. 1914. The agent may _______________ in _______________ the things which are the _______________ of the
agency until the principal _______________ the reimbursement and _______________ the _______________ set forth
in the two preceding articles.
Art. 1915. If two or more persons have appointed an agent for a _______________ transaction or _______________,
they shall be _______________ liable to the agent for all the _______________ of the agency.

Art. 1916. When two persons contract with regard to the _______________ thing, one of them with the agent and the
other with the principal, and the two contracts are _______________ with each other, that of _______________ date
shall be _______________, without prejudice to the provisions of Article _______________.

Art. 1917. In the case referred to in the preceding article, if the agent has acted in good faith, the principal shall be liable
in _______________ to the third person whose contract must be _______________. If the agent acted in bad faith, he
_______________ shall be responsible.

Art. 1918. The principal is not liable for the _______________ incurred by the agent in the following cases:

(1) If the agent acted in _______________ of the principal's _______________, unless the latter should
_______________ to _______________ himself of the _______________ _______________ from the contract;

(2) When the _______________ were _______________ to the _______________ of the agent;

(3) When the agent _______________ them with _______________ that an _______________ result would
_______________, if the principal was not _______________ thereof;

(4) When it was stipulated that the expenses would be _______________ by the agent, or that the latter would be
_______________ only a _______________ _______________.

CHAPTER 4 MODES OF EXTINGUISHMENT OF AGENCY

Art. 1919. Agency is _______________:

(1) By its _______________;

(2) By the _______________ of the agent;

(3) By the _______________, civil interdiction, _______________ or _______________ of the principal or of the agent;

(4) By the _______________ of the firm or _______________ which _______________ or _______________ the agency;

(5) By the _______________ of the object or _______________ of the agency;

(6) By the _______________ of the _______________ for which the agency was _______________.

Art. 1920. The principal may _______________ the agency at _______________, and _______________ the agent to
_______________ the document _______________ the agency. Such _______________ may be express or implied.

Art. 1921. If the agency has been _______________ for the purpose of _______________ with _______________
persons, its revocation shall not prejudice the latter if they were not given _______________ thereof.

Art. 1922. If the agent had _______________ powers, revocation of the agency does not prejudice third persons who
acted in good faith and without _______________ of the revocation. _______________ of the revocation in a
newspaper of general circulation is a _______________ _______________ to third persons.
Art. 1923. The _______________ of a _______________ agent for the _______________ business or _______________
revokes the _______________ agency from the day on which _______________ thereof was given to the
_______________ agent, without prejudice to the provisions of the two preceding articles.

Art. 1924. The agency is revoked if the principal _______________ _______________ the business _______________ to
the agent, _______________ directly with third persons.

Art. 1925. When two or more principals have _______________ a power of attorney for a _______________ transaction,
_______________ one of them may revoke the same without the consent of the _______________.

Art. 1926. A general power of attorney is revoked by a _______________ one granted to another agent, as regards the
special _______________ involved in the latter.

Art. 1927. An agency cannot be revoked if a _______________ contract _______________ upon it, or if it is the means
of _______________ an obligation already _______________, or if a partner is appointed _______________ of a
partnership in the contract of partnership and his _______________ from the management is _______________.

Art. 1928. The agent may _______________ from the agency by _______________ _______________ notice to the
principal. If the latter should suffer any damage by reason of the withdrawal, the agent must _______________ him
therefor, unless the agent should _______________ his withdrawal upon the _______________ of _______________
the performance of the agency without _______________ _______________ to himself.

Art. 1929. The agent, _______________ if he should withdraw from the agency for a _______________ reason, must
_______________ to act until the principal has had _______________ _______________ to take the _______________
steps to _______________ the situation.

Art. 1930. The agency shall _______________ in full force and _______________ even after the _______________ of
the principal, if it has been _______________ in the _______________ interest of the latter and of the agent, or in the
interest of a third person who has _______________ the stipulation in his _______________.

Art. 1931. _______________ done by the agent, without _______________ of the death of the principal or of any other
_______________ which _______________ the agency, is _______________ and shall be _______________
_______________ with respect to third persons who may have _______________ with him in good faith.

Art. 1932. If the agent _______________, his _______________ must notify the principal thereof, and in the
_______________ adopt such measures as the circumstances may _______________ in the interest of the latter.

You might also like