The mandatary is liable not only for fraud, but also for the faults he commits in his management. Nevertheless, liability for faults is applied less rigorously to one whose mandate is gratuitous than to one who receives a salary.
Every agent is bound to render an account of his management, and to account to the principal for all that he has received by virtue of his power of attorney, even if what he would have received had not been due to the principal.
The mandatary is liable for the person he has substituted in the management: 1° when he has not received the power to substitute anyone; 2° when this power has been conferred on him without the designation of a person, and the person he has chosen was notoriously incapable or insolvent. In all cases, the principal may act directly against the person whom the agent has substituted.
When there are several proxies or agents established by the same deed, there is solidarity between them only insofar as it is expressed.
The agent shall owe interest on the sums which he has employed for his use from the date of such employment; and on those of which he is in arrears from the day on which he is put in default.
An agent who has given the party with whom he contracts in that capacity sufficient knowledge of his powers is not bound by any guarantee for what has been done beyond that, if he has not personally submitted to it.
The principal is bound to perform the commitments entered into by the agent, in accordance with the authority given to him. He is only bound by what may have been done beyond that, insofar as he has ratified it expressly or tacitly.
The principal must reimburse the agent for the advances and expenses made by the latter for the execution of the mandate, and pay the agent his salaries when they have been promised. If there is no fault attributable to the agent, the principal cannot dispense with making these reimbursements and payments, even if the business would not have been successful, nor can he have the amount of the expenses and…
The principal must also indemnify the agent for losses incurred by the agent in the course of its management, without imprudence attributable to the agent.
Interest on advances made by the agent is due to him from the principal, from the date of the recorded advances.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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