You are on page 1of 1

CIVIL CODE

ARTICLE 1892

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

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

(2) When he was given such power, but without designating the person, and the person
appointed was notoriously incompetent or insolvent

I chose this article because I am interested to know about the power the agent has to
delegate his/her duties with legal basis. Civil cases maybe won or lost due to
misunderstandings about this article. And an innocent person could be convicted of crime if
he/she may be appointed to do the duties of the agent unbeknownst to him/her the illegal nature
of said duties. Or the opposite could happen if the one given the duties would do illegal
activities, the original agent could be implicated.

You could improve this by having both parties have a written agreement on the transfer
of duties with a statement indicating that the other person is not responsible for the actions of
the other.

You could also improve this by having a third party with a higher power approve of such
decision. And it would be the duty of the third party to evaluate the competency of the
secondary agent.

You might also like