Ar cle 160 A term may be a ached to a civil juris c act, unless the nature of such act denies such an
a achment. A civil juris c act subject to a term of e ec veness becomes e ec ve when the term begins. A
civil juris c act subject to a term of termina on becomes ine ec ve upon expira on of the term.
Chapter VII Agency
Sec on 1 General Rules
Ar cle 161 A person of the civil law may perform a civil juris c act through his agent.
A civil juris c act shall not be performed through an agent if the act must be performed by the principal
himself in accordance with law, as agreed by the par es, or based on the nature of the act.
Ar cle 162 A civil juris c act performed by an agent in the principal’s name within the scope of authority is
binding on the principal.
Ar cle 163 Agency consists of agency by agreement and agency by opera on of law.
An agent under agreement shall act in accordance with the principal’s authoriza on. An agent by opera on
of law shall act in accordance with law.
Ar cle 164 An agent who fails to perform or fully perform his duty and thus causes harm to the principal
shall bear civil liability.
Where an agent maliciously collides with a third person, thus harming the lawful rights and interests of the
principal, the agent and the third person shall bear joint and several liability.
Sec on 2 Agency by Agreement
Ar cle 165 In an agency by agreement, if authority is conferred in wri ng, it shall clearly state in the le er of
authoriza on the name of the agent, the authorized ma ers, as well as the scope and dura on of the
authority, and it shall be signed or sealed by the principal.
Ar cle 166 Where two or more agents are authorized to deal with the same ma er for the principal, the
agents shall collec vely exercise the authority unless otherwise agreed by the par es.
Ar cle 167 Where an agent knows or should have known that doing the authorized ma er is in viola on of
law but s ll acts as authorized, or, if a principal knows or should have known that an act of the agent is in
viola on of law but raises no objec on thereto, the principal and the agent shall bear joint and several
liability.
Ar cle 168 An agent shall not, in the principal’s name, perform a civil juris c act with himself, unless it is
consented to or ra ed by the principal.
An agent who has been designated by two or more principals shall not in the name of one principal perform
a civil juris c act with another principal whom he concurrently represents, unless it is consented to or
ra ed by both principals.
Ar cle 169 Where an agent needs to re-delegate his authority to a third person, he shall obtain consent or
ra ca on from the principal.
If the re-delega on of authority to a third person is consented to or ra ed by the principal, the principal
may directly instruct the third person to do the authorized task, and the agent shall be liable only for the
selec on of such a third person and the instruc ons given to the third person by the agent himself.
If re-delega on of authority to a third person is not consented to or ra ed by the principal, the agent shall
be liable for the acts performed by the third person, unless the agent re-delegates his authority to a third
person in an emergency situa on in order to protect the interests of the principal.
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