Professional Documents
Culture Documents
AGENCY
AGENCY
Nature of Agency
1. Nominate, principal
2. Consensual
3. Unilateral and generally onerous
4. Preparatory and representative
5. Fiduciary and revocable
(Neither the principal nor the agent can be forced to
remain in the relationship when they choose to have it
terminated.)
Agency by Estoppel
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When one led other to believe that he is an agent
when in fact he is not, the person is estopped to deny
such fact anymore.
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XPN: The agent must finish the business already
began prior to the principal’s death, should delay
entail any danger.
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1. If empowered to borrow, he may be the
lender at the current interest, or else, liable for return
of difference.
XPNS:
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I the principal did not prohibit him from doing so.
Effect: Sub-agent is agent of principal too. Agent is
responsible for the acts of the sub-agent when:
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3. Principal must advance sums necessary for the
agency if the agent requests. If the agent paid for it
first, the principal must reimburse.
Irrevocable Agency
XPNS:
Extinguishment of Agency
2. Withdrawal of agent
3. Death, civil interdiction, insanity, or
insolvency of principal or agent.
3. Agent did not know the principal was dead and third
party was in GF.
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4. Dissolution of juridical entity which entrusted or
accepted the agency.
COMPROMISE
LEASE
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Lease is a consensual, bilateral, onerous and
commutative contract where one person binds himself
to grant temporary use of a thing or render some
service to another, who pays compensation.
The lessor may hold the sublessee for rent due from
the lessee (Accion Directa) But the sublessee cannot
be held liable beyond the amount due from him under
the sublease.
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1. Rescission
2. Reduce rent to ½
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1. Period has expired.
2. Lack of payment of price
3. Violation of conditions of contract
4. Lessee devotes the thing leased to use other than
what was stipulated or its nature.
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thing, which terminates the lessee’s right to remove
the improvement.
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