| April 24, 2002 | 0 Comments
OBLIGATIONS OF THE REPRESENTATIVE
|Chapter II: Obligations of the agent|
|The agent is required to perform the mandate as long as he remains responsible for it, and is liable for damages that may result from its non-performance.
He is likewise bound to complete the thing begun on the death of the principal, if there is any danger in the delay.
|The agent is liable not only for fraud, but also for mistakes he commits in his management.
Nonetheless, liability relating to faults is applied less rigorously to those whose mandate is free than to those who receive a salary.
|Any agent is required to account for his management, and to be accountable to the principal for everything he has received by virtue of his power of attorney, even what he would have received had not been due to the principal.|
|The agent is answerable for the one he has replaced in management:
1 ° when he has not received the power to substitute for someone;
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 can act directly against the person whom the agent has replaced.
|When there are several authorized representatives or agents established by the same act, there is no solidarity between them unless it is expressed.|
|The mandatary owes the interest of the sums which he has used for his own use, dating from this employment; and those of which he is the reliquary, from the day he is put in default.|
|The agent who has given the party with whom he contracts in this capacity sufficient knowledge of his powers, is not bound by any guarantee for what has been done beyond, if he has not personally submitted to it. .|