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Title X.

- AGENCY

CHAPTER 1
NATURE, FORM AND KINDS OF AGENCY

Art. 1868. By the contract of agency a person binds himself to render some service or to do something in
___________ or on behalf of another, with the ___________ or ___________ of the latter. (1709a)

Art. 1869. Agency may be ___________, or ___________ from the ___________of the principal, from his
___________ or lack of action, or his failure to ___________ the agency, knowing that another person is acting
on his behalf without ___________.

Agency may be ___________, unless the law requires a specific ___________. (1710a)

Art. 1870. ___________ by the agent may also be ___________, or ___________from his acts which carry out the
agency, or from his ___________or ___________ according to the circumstances. (n)

Art. 1871. Between persons who are ___________, the a___________of the agency may also be ___________ if
the principal ___________ his power of attorney to the agent and the latter receives it ___________ any
___________. (n)

Art. 1872. Between persons who are ___________, the acceptance of the agency ___________ be implied from
the silence of the agent, except:

(1) When the principal ___________ his power of attorney to the agent, who receives it without any objection;

(2) When the principal ___________ to him by letter or ___________ a power of attorney with respect to the
business in which he is ___________ engaged as an agent, and he did not reply to the letter or telegram. (n)

Art. 1873. If a person ___________ informs another or states by public ___________ that he has given a power of
attorney to a third person, the latter thereby becomes a duly authorized ___________, in the former case with
respect to the person who received the special __________, and in the latter case with regard to any person.
The ___________shall continue to be in full ___________until the notice is r___________ in the same manner in
which it was given. (n)

Art. 1874. When a __________ of a piece of land or any __________ therein is through an agent, the authority of
the latter shall be in __________ otherwise, the sale shall be __________. (n)

Art. 1875. __________ is presumed to be for a __________, unless there is __________to the contrary. (n)

Art. 1876. An agency is either _________ or _________.

The former comprises all the _________ of the principal. The latter, one or more specific _________. (1712)

Art. 1877. An agency couched in _________ terms comprises only acts of _________, even if the principal should
state that he _________ no power or that the agent may _________ such acts as he may consider _________, or
even though the agency should _________ a _________ and _________ management. (n)

Art. 1878. Special powers of attorney are necessary in the following cases:

(1) To make such _________ as are not usually considered as acts of _________;

(2) To effect _________ which put an end to _________ already in existence at the time the agency was
_________;

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(3) To _________, to submit questions to _________, to _________ the right to appeal from a judgment, to
_________ objections to the venue of an action or to _________ a prescription already acquired;

(4) To waive any obligation _________;

(5) To enter into any contract by which the _________ of an immovable is _________ or _________ either
gratuitously or for a valuable consideration;

(6) To make _________, except customary ones for _________ or those made to employees in the business
managed by the _________;

(7) To _________ or borrow money, unless the latter act be _________ and _________ for the preservation of
the things which are under administration;

(8) To _________ any real property to another person for more than _________ year;

(9) To _________ the principal to render some service without _________;

(10) To _________ the principal in a contract of _________;

(11) To obligate the principal as a _________ or _________;

(12) To create or convey _________ rights over _________ property;

(13) To accept or _________ an _________;

(14) To _________ or recognize obligations contracted _________ the agency;

(15) Any other act of strict _________. (n)

Art. 1879. A special power to _________ excludes the power to _________; and a special power to _________
does not include the power to _________. (n)

Art. 1880. A special power to _________ does not authorize submission to _________. (1713a)

Art. 1881. The agent must act within the scope of his _________. He may do such acts as may be _________ to
the _________ of the purpose of the agency. (1714a)

Art. 1882. The _________ of the agent's authority shall not be considered _________ should it have been
performed in a manner more _________ to the principal than that specified by him. (1715)

Art. 1883. If an agent acts in his own _________, the principal has no right of action against the persons with
whom the agent has contracted; neither have such persons against the principal.

In such case the agent is the one directly _________ in favor of the person with whom he has _________, as if the
transaction were his own, except when the contract involves things _________ to the principal.

The provisions of this article shall be understood to be without _________ to the actions between the principal
and agent. (1717)

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CHAPTER 2
OBLIGATIONS OF THE AGENT

Art. 1884. The agent is _________ by his acceptance to carry out the agency, and is liable for the damages which,
through his _________, the principal may suffer.
He must also _________ the business already begun on the _________ of the principal, should delay entail any
_________. (1718)

Art. 1885. In case a person _________ an agency, he is bound to observe the diligence of a good father of a family
in the custody and _________ of the goods forwarded to him by the owner until the latter should appoint an
agent or take charge of the _________. (n)

Art. 1886. Should there be a _________ that the agent shall advance the necessary _________, he shall be bound
to do so except when the principal is _________. (n)

Art. 1887. In the _________ of the agency, the agent shall act in accordance with the _________ of the principal.

In default thereof, he shall do all that a good father of a family would do, as required by the nature of the
_________. (1719)

Art. 1888. An agent shall not carry out an agency if its _________ would manifestly result in loss or damage to the
principal. (n)

Art. 1889. The agent shall be liable for damages if, there being a _________ between his interests and those of
the principal, he should prefer his own. (n)

Art. 1890. If the agent has been _________ to borrow money, he may himself be the _________ at the current
rate of interest. If he has been authorized to _________ money at interest, he cannot borrow it without the
_________ of the principal. (n)

Art. 1891. Every agent is bound to render an _________ of his transactions and to _________ to the principal
whatever he may have received by virtue of the agency, even though it may not be _________ to the principal.

Every stipulation _________ the agent from the obligation to render an account shall be _________. (1720a)

Art. 1892. The agent may appoint a _________ 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 _________ one;

(2) When he was given such power, but without _________ the person, and the person appointed was _________
incompetent or _________.

All acts of the substitute appointed against the _________ of the principal shall be _________. (1721)

Art. 1893. In the cases mentioned in Nos. 1 and 2 of the preceding article, the principal may furthermore bring an
action against the _________ with respect to the obligations which the latter has contracted under the
substitution. (1722a)

Art. 1894. The responsibility of two or more agents, even though they have been appointed simultaneously, is not
_________, if solidarity has not been expressly stipulated. (1723)

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Art. 1895. If _________ has been agreed upon, each of the agents is responsible for the non-fulfillment of agency,
and for the fault or negligence of his fellows agents, except in the latter case when the fellow agents acted
_________ the scope of their authority. (n)

Art. 1896. The agent owes _________ on the sums he has applied to his own use from the day on which he did so,
and on those which he still owes after the _________ of the agency. (1724a)

Art. 1897. The agent who acts as such is not _________ liable to the party with whom he contracts, unless he
expressly binds himself or exceeds the limits of his authority without giving such party sufficient _________ of his
powers. (1725)

Art. 1898. If the agent contracts in the name of the principal, _________ the scope of his authority, and the
principal does not _________ the contract, it shall be _________ if the party with whom the agent contracted is
_________ of the limits of the powers granted by the principal. In this case, however, the agent is liable if he
undertook to secure the principal's _________. (n)

Art. 1899. If a duly authorized agent acts in accordance with the _________ of the principal, the latter cannot set
up the _________ of the agent as to circumstances whereof he himself was, or ought to have been, aware. (n)

Art. 1900. So far as third persons are concerned, an act is deemed to have been performed within the scope of
the agent's authority, if such act is within the _________ of the power of attorney, as written, even if the agent
has in fact _________ the limits of his authority according to an understanding between the principal and the
agent. (n)

Art. 1901. A third person cannot set up the fact that the agent has _________ his powers, if the principal has
_________, or has _________ his willingness to ratify the agent's acts. (n)

Art. 1902. A third person with whom the agent wishes to contract on behalf of the principal may require the
_________ of the power of attorney, or the _________ as regards the agency. Private or _________ orders and
instructions of the principal do not prejudice third persons who have relied upon the power of attorney or
instructions shown them. (n)

Art. 1903. The commission agent shall be responsible for the goods received by him in the terms and conditions
and as described in the _________, unless upon receiving them he should make a _________ statement of the
damage and _________ suffered by the same. (n)

Art. 1904. The commission agent who handles goods of the same _________ and _________, which belong to
different owners, shall _________ them by _________, and designate the merchandise respectively belonging to
each principal. (n)

Art. 1905. The commission agent cannot, without the express or implied _________ of the principal, sell on
_________. Should he do so, the principal may demand from him payment in _________, but the commission
agent shall be entitled to any interest or benefit, which may result from such _________. (n)

Art. 1906. Should the commission agent, with _________ of the principal, sell on credit, he shall so inform the
principal, with a statement of the names of the _________. Should he fail to do so, the sale shall be deemed to
have been made for _________ insofar as the principal is concerned. (n)

Art. 1907. Should the commission agent receive on a sale, in addition to the _________ commission, another
called a _________ commission, he shall bear the risk of collection and shall pay the principal the proceeds of the
sale on the same terms agreed upon with the _________. (n)

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Art. 1908. The commission agent who does not collect the credits of his principal at the time when they become
_________ and _________ shall be liable for damages, unless he proves that he exercised due diligence for that
purpose. (n)

Art. 1909. The agent is responsible not only for _________, but also for _________, which shall be judged with
more or less _________ by the courts, according to whether the agency was or was not for a _________. (1726)

CHAPTER 3
OBLIGATIONS OF THE PRINCIPAL

Art. 1910. The principal must comply with all the _________ which the agent may have _________ within the
scope of his authority.
As for any obligation wherein the agent has _________ his power, the principal is not _________ except when he
_________ it expressly or _________. (1727)

Art. 1911. Even when the agent has exceeded his authority, the principal is _________ liable with the agent if the
former _________ the latter to act as though he had full powers. (n)

Art. 1912. The principal must advance to the agent, should the latter so _________, the sums _________ for the
_________ of the agency.

Should the agent have _________ them, the principal must _________ him therefor, even if the business or
undertaking was not _________, provided the agent is free from all _________.

The _________ shall include _________ on the sums advanced, from the day on which the advance was
_________. (1728)

Art. 1913. The principal must also _________ the agent for all the damages which the _________ of the agency
may have caused the latter, without _________ or negligence on his part. (1729)

Art. 1914. The agent may retain in _________ the _________ which are the object of the agency until the
principal effects the _________ and pays the _________ set forth in the two preceding articles. (1730)

Art. 1915. If two or more persons have _________ an agent for a common transaction or _________, they shall
be _________ liable to the agent for all the consequences of the agency. (1731)

Art. 1916. When two persons contract with regard to the _________ thing, one of them with the agent and the
other with the principal, and the two contracts are _________ with each other, that of _________ date shall be
preferred, without prejudice to the provisions of Article 1544. (n)

Art. 1917. In the case referred to in the preceding article, if the agent has acted in good faith, the principal shall
be liable in damages to the third person whose contract must be _________. If the agent acted in bad faith, he
alone shall be _________. (n)

Art. 1918. The principal is not liable for the _________ incurred by the agent in the following cases:

(1) If the agent acted in _________ of the principal's instructions, unless the latter should wish to avail himself of
the _________ derived from the contract;

(2) When the _________ were due to the _________ of the agent;

(3) When the agent incurred them with knowledge that an _________ result would ensue, if the principal was not
_________ thereof;

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(4) When it was _________ that the expenses would be _________ by the agent, or that the latter would be
allowed only a _________ sum. (n)

CHAPTER 4
MODES OF EXTINGUISHMENT OF AGENCY

Art. 1919. Agency is extinguished:


(1) By its _________;
(2) By the _________ of the agent;
(3) By the death, civil interdiction, insanity or _________ of the principal or of the agent;
(4) By the _________ of the firm or corporation which _________ or accepted the agency;
(5) By the _________ of the object or _________ of the agency;
(6) By the _________ of the _________ for which the agency was _________. (1732a)

Art. 1920. The principal may _________ the agency at _________, and compel the agent to _________ the
document _________ the agency. Such revocation may be express or _________. (1733a)

Art. 1921. If the agency has been _________ for the purpose of contracting with _________ persons, its
_________ shall not prejudice the latter if they were not given _________ thereof. (1734)

Art. 1922. If the agent had _________ powers, _________ of the agency does not prejudice third persons who
acted in good faith and without knowledge of the revocation. Notice of the _________ in a newspaper of general
circulation is a sufficient _________ to third persons. (n)

Art. 1923. The _________ of a new agent for the same business or transaction revokes the _________ agency
from the day on which notice thereof was given to the _________ agent, without prejudice to the provisions of
the two preceding articles. (1735a)

Art. 1924. The agency is _________ if the principal directly _________ the business _________ to the agent,
_________ directly with third persons. (n)

Art. 1925. When two or more _________ have granted a power of attorney for a _________ transaction, any one
of them may _________ the same without the _________ of the others. (n)

Art. 1926. A _________ power of attorney is _________ by a _________ one granted to another agent, as regards
the special matter involved in the latter. (n)

Art. 1927. An agency cannot be revoked if a _________ contract depends upon it, or if it is the _________ of fulfilling an
obligation already contracted, or if a partner is _________ manager of a partnership in the contract of partnership and his
removal from the management is _________. (n)

Art. 1928. The agent may _________ from the agency by giving due notice to the principal. If the latter should suffer any
damage by reason of the withdrawal, the agent must _________ him therefor, unless the agent should base his withdrawal
upon the _________ of _________ the performance of the agency without grave _________ to himself. (1736a)

Art. 1929. The agent, even if he should withdraw from the agency for a _________ reason, must continue to act until the
principal has had reasonable _________ to take the necessary steps to meet the situation. (1737a)

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Art. 1930. The agency shall remain in full _________ and effect even after the _________ of the principal, if it has been
constituted in the common _________ of the latter and of the agent, or in the interest of a third person who has accepted
the _________ in his favor. (n)

Art. 1931. Anything _________ by the agent, without _________ of the death of the principal or of any other cause which
_________ the agency, is valid and shall be fully _________ with respect to third persons who may have _________ with
him in good faith. (1738)

Art. 1932. If the agent _________, his heirs must _________ the principal thereof, and in the meantime _________ such
measures as the _________ may demand in the interest of the latter. (1739)

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