De Leon Reviewer
De Leon Reviewer
De Leon Reviewer
2.
3.
4.
Personal
Representative
Derivative
Agency
Distinguished
Contracts:
1.
2.
3.
4.
5.
6.
7.
from
the
Following
Loan
Lease of Service
Independent Contact
Partnership
Negotiorum Gestio
Brokerage
Sale
Creation
Character
Extent of Business Covered
Authority Conferred
Nature and Effects
1.
2.
3.
4.
Ex:
a.
b.
c.
d.
e.
Express
Implied from his acts which carry out the
agency (subdivided to 1871 and 1872)
Silence
Inaction according to the circumstances
Ex:
a.
1.
2.
Payment (1232)
Novation
Compromise (2028) (arbitration 2042) and the
three waivers
d. Waive obligation gratuitously
e. Sale of immovable
f. Make gifts, other than customary ones (or gifts
to employees)
g. Loan
h. Lease more than a year
i. Gratuitous service
j. Contract of Partnership
k. Obligation principal as guarantor or surety
l. Create or convey real rights over immovable
property without special power
m. Accept or repudiate an inheritance
n. Ratify obligations contracted before the agency
o. Strict Dominion
1879 Vice versa rule on mortgage and sale
through agent
1880 exclusion of arbitration from power to
compromise
1881 definition of authority of agent
1882 acts beneficial even if beyond instruction
to the principal
Authority of the agent power of the agent to affect
the legal relations of the principal by acts done in
accordance with the principals manifestation of
consent to him
1.
2.
3.
4.
5.
6.
7.
5.
6.
7.
8.
9.
Kinds of Principal:
10.
11.
12.
13.
14.
15.
17.
16.
1892 SUBAGENTS
Liability against him if he:
1. 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
1893 An action against the sub agent
Subagent is a person to whom the agent delegates as
his agent, the performance of an act for the principal
which the agent has been empowered to perform
through his representative
Effects of Substitution
1.
2.
3.
Substitution prohibited
Substitution authorized
Substitution not authorized, but not prohibited
2.
3.
5.
4.
Valid acts
Voidable acts
Unrevoked acts of the third party
2.
3.
4.
1.
2.
3.
Agreement
Subsequent Acts of the parties
Operation of Law
Rules
on
Information:
1.
2.
Determination
of
Confidential
Other modes:
1.
2.
3.
4.
5.
Express Revocation:
1928 - Renunciation
1. 1921 contracting with specified persons
2. 1922 Third party with no knowledge of the
revocation
1.
2.
Implied Revocation:
1. 1923 New Agent appointed for the same business
2. 1924 Direct management (exemption: if interest is
to manage it together with the agent
3. 1926 Revocation of GPA by SPA
1929
Continuing
renunciation
1.
1927 When is agency irrevocable
2.
2.
3.
after
1.
management