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The Agency is ipso jure revoked upon the death of the principal.

Except
1. the agency contracted is for the common interest of the principal and the agent or
in the interest of a third person who has accepted the stipulation in his favour
2 a. anything done by his agent,
1. without knowledge of the death of the principal , is valid and shall be fully
effective with respect to the third person who acted in good faith. Both should concur for the
agency to be valid.
Good faith of the third person means that he has no knowledge about the death of
the principal.

The agent or the principal may terminate the agency even without a valid caus but should
notify the other party 30 days thorugh letter, canle or telegram.

Agency is when one binds himself to render some service or to do something in


representation or on behalf of another, with the latters consent or authority.
1. The parties Consent, express or implied, to establish the relationship
2. The object, which is the execution of a juridical act in relation to a third person
3. the representation , by which one acts in behalf of another personuthority.
4. the limitation of the agent to act within the scope of his authority.

The establishment depends on gthe intent of the parties to establish agency.


The law does not make presumption on the agency, [roving its existence, nature and extent
is incumbent upon the alleging it.

Article1897 agent are not personally liable to the party with whom he contract, except;
a.when he expressly binds himself to the obligation
b. when he exceeds his authority.
Real party in interest- the one who stands to be benefited or injured by the judgemnt in the
suit or the party entitled to vail on the suit.

Caveat Emptor
Requires the purchaser to be aware of the supposed title of the vendor and one who
buys without checking the vendor’s title takes all the risks and losses consequent to
such Failure.

Article 1544. If the same thing should have been sold to different vendees, the ownership
shall be transferred to the person who may take possession thereof in good faith, if it should
be movable property.

Should be immovable property , the ownership shall belong ti a person acquiring it in good
faith first recorded in the Registry of Property.

Should there be no inscription, the ownership shall pertain to the person who in goof faith
was first in the possession and, in aabsence thereof, to the person who present the oldest
title, provided there Is good faith.

Article 1878. A special power of attorney is necessary in cases where real rights over
immovanle property are created. The power of attorney must be strictly comstrued and
pursued. the instrument will be held to grant only those powers which are specified
therein , and the agent may neither go beyond nor deviate from the power of atty.

Strict and limited construction of the terms of a power of attorney.


Revocation may be expree or implied, at will.

When Agency exist, the third party’s liability on a contract is to principal and not to the
agent and relationship to the third party to the principal

The power of attorney is only but an instrument in writing by which person,as principal.,
appoints another as his agent and confers upon him the authority to preform certain
specified actson behalf of the principla. Its purpose is not to define the the authority of the
agent as between himself and principal but to evidence the authority of the agent to third
party to deal with .

Theory of Imputed Knowledge

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