Document-Id: 915600, Please cite as: "https://www.trans-lex.org/915600"
Title
II.7 - General agent
Content
No. II.7 - General agent
An agent having authority to conduct a particular trade or business, or to act generally for his principal in a particular trade, business, or undertaking, has authority to do every lawful thing necessary or usually incidental thereto.
Commentary
1 The Principle relates to a situation in which an agent has received a general instead of a specific authority to act for a principal, typically for a certain business or trade. For those cases, the Principle provides a guideline as to the scope of the agent's authority.
2 There may be intermediary cases in which the authority of the agent is general in nature, but limited to certain types or categories of acts necessary for the conduct of the business.
2 There may be intermediary cases in which the authority of the agent is general in nature, but limited to certain types or categories of acts necessary for the conduct of the business.
References
Court Decisions
Cour de cassation, 1re chambre civile, No. 92-15.614, 16th March 1994Cour de cassation, 1re chambre civile, No. 93-16.646, 21st November 1995Cour de cassation, 1re chambre civile, No. 98-12.800, 6th July 2000Doctrine
Domingo, Ortega, Rodriguez-Antolin, Zambrana, Principios de Derecho Global, Navarra, 2006Jenks, Edward et al., A Digest of English Civil Law, London, Sydney, Calcutta, Winnipeg, Wellington 1921.Tourneau, Philippe le, Mandat, Rép. civ. Dalloz juin 2011 at page 1 et seq.National Legislation
Ethiopian Civil CodeIndonesian Civil Code (excerpts)Philippines Republic Act 386 (Civil Code)