RECAP – Li Ligutom Reboja Villarin Amores SPECIAL POWER OF ATTORNEY (ATTORNEY-
IN-FACT) What is the consideration in a gratuitous contract? SPA may be absolutely necessary in act of Liberality of the agent – specifically, love and strict dominion, specifically (GOWN-CARP-BLISS- affection PR)
Manner how agency is granted – Couched in (1) Make gifts
General Terms (2) Transfer of ownership of real properties (3) Waiver of obligation (4) Novation RECITS (5) Enter to compromise Amores, Negado (6) Other acts of dominion (7) Transmission of real rights To act as an agent, what is necessary? (8) Effect payment not usually considered as (1) Consent acts of administration (2) Object (9) Borrow or lend (3) Consideration
Not do we only require the presence of the
elements of a contract namely, consent, CONTINUE – CHAPTER 2 for next meeting & object and consideration. There must also Finish CH 1 be an authority from the principal to act on his behalf.
To be able to represent someone else, he must
have the authority.
Do you remember about negotiorum gestio?
What is it about?
Administrator and executor – who gave you the
authority? Administrator – given by law Executor – by will of testator
When there is a will, there is a well. (If naay
atabay naay agianan).
How is agency created?
(1) Express (2) Implied
How is acceptance done?
(1) Express (2) Implied
On the other hand, agency may be done through
a notice.
You were given a special notice, may they
terminate that? Termination must be in the same manner as it was given.
Example. The principal notifies you through a
call that they are terminating your appointment. Despite that, you still continued to transact. Will those transaction be valid?
Situation. Notice by publication Revocation was done through a call