MARCH 5, 2015

ART 1878 PNC WIG- L2SP GRIB-D

1.
To make such PAYMENTS as are not usually
considered as acts of administration
2.
To effect NOVATIONS which put an end to
obligations already in existence at the time the
agency was constituted
3.
To COMPROMISE, to submit questions to
arbitration, to renounce the right to appeal from
judgment, to waive objections to venue of an
action or to abandon a prescription already
acquired
4.
To WAIVE any obligation gratuitously
5.
To enter into any contract by which
ownership of the IMMOVABLE is transmitted or
acquired either gratuitously or for valuable
consideration
6.
To make GIFTS, except for customary ones
for charity or those made to employees in the
business managed by the agent
7.
To LOAN or BORROW money, unless the
latter act be urgent and indispensible for the
preservation of the things which are under
administration
8.
To LEASE any real property to another
person for more than one year
9.
To bind the principal to render some
SERVICE without compensation
10.
To bind the principal in a contract of
PARTNERSHIP
11.
To obligate the principal as a GUARANTOR
OR SURETY
12.
To create or convey REAL RIGHTS over
immovable property
13.
To accept or repudiate INHERITANCE
14.
To ratify or recognize obligations BEFORE
the agency
15.
Any other acts of strict DOMINION

Article 1879
A special power to sell excludes the
power to mortgage; and a special power
to mortgage, does not include the power
to sell
The agent cannot sell or mortgage the
property to the principal without special
power
An authority to sell the principals property
does not carry with it or imply the authority to
mortgage

An vice versa, the power to sell is not implied

from the special power to mortgage
The appointment of a person as exclusive
agent to sell specified property is not
equivalent to giving the agent an exclusive
power of sale. In the former case, the
principal may endeavor to sell through his
own efforts; in the latter, he may not so
compete with the agent

Art 1880
A special power to compromise does not
authorize submission to arbitration
The agent is not authorized to submit to
arbitration because while the principal may
have confidence in the agents judgment, the
arbitrator designated may not posses the
trust of the principal
Requisites for agents acts to bind principal:
1.
Agent acts within the scope of his
authority
a. Actual Authority
a. In the principals name valid;
principal is bound; agent not
personally liable unless he bound
himself
b. In his own name - GR: X binding on
the principal; E: regarding things
belonging to the principal or when
the principal ratifies the contract or
derives benefit therefrom
b. Doctrine of apparent authority estoppel;
only to 3rd persons who relied on such
c. Authority by ratification without authority
or in excess or beyond GR:
unenforceable; E: Ratified
2.
Agent acts in behalf of the principal
KINDS OF AUTHORITY
1.
Actual
2.
Express
3.
Implied
4.
Apparent
5.
General
6.
Special
7.
By necessity or operation of law