Art. 1876.

An agency is either
general or special.
The former comprises all the
business of the principal. The
latter, one or more specific
transactions.

Classification of Agents:
1.)

Universal

agent

2.)

General

agent

3.)Special/Particular

agent
As to

General agent

Special agent

Scope of authority

All acts connected w/ the business

in which he is engaged.

Nature of service
authorized

Series a transactions involving a

continuity of service.

Only one or more

specific acts in pursuance of
particular instructions or w/
restrictions necessarily implied from
the act to be done.
Single transaction or a series of
transactions not involving continuity
of service.

Extent to which
agent may bind
principal

By an act within the scope of his

authority although it may be
contrary to his special instructions.

Cannot in a manner beyond or

outside the specific acts w/c he is
authorized to perform.

Art. 1877. An agency couched in

general terms comprises only acts of
administration, even if the principal
should state that he withholds no
power or that the agent may execute
such acts as he may consider
appropriate, or even though the
agency should authorize a general or
unlimited
management.

ACTS OF ADMINISTRATION:
- those which do not imply the authority to alienate for the
exercise of which an express power is necessary.

Example:

To employ workers or servants and employees needed for the

conduct of business;

Art. 1878. Special powers

of attorney are necessary
in the following cases:

1.

To make such payments as are not usually considered as

acts of administration;

2.

To effect novations which put an end to obligations already

in existence at the time the agency was constituted;

3.

To compromise, to submit questions to arbitration, to

renounce the right to appeal from a judgment, to waive
objections to the venue of an action or to abandon a
prescription already acquired;

4.

To waive any obligation gratuitously;

5.

To enter into any contract by which the ownership of an

immovable is transmitted or acquired either gratuitously
or for a valuable consideration;

6.

To make gifts, except customary ones for

7.

To loan or borrow money, unless the latter act be urgent and

indispensable for the preservation of the things which are under
administration;

8.

To lease any real property to another person for more than one
year;

9.

To bind the principal to render some service without

compensation;

10. To

bind the principal in a contract of partnership;

11. To

obligate the principal as a guarantor or surety;

12. To

create or convey real rights over immovable property;

13. To

accept or repudiate an inheritance;

14. To

ratify or recognize obligations contracted before the agency;

15. Any

other act of strict dominion.

Art. 1879. A special power to

sell excludes the power to
mortgage; and a special
power to mortgage does not
include the power to sell.

The following are included in a Power to Sell:

The power to:

1.) Find a purchaser or to sell directly;
2.) Deliver the property;
3.) Make the usual representation and warranty;
4.) Execute the necessary transfer documents;
5.) Fix the terms of the sale unless there be set conditions
stipulated by the principal;
6.) Sell only for cash;
7.) Receive the price unless he was authorized only to solicit
orders.

The following are not included in a Power

to Mortgage:
The power to:
1.) Sell;
2.) Execute a 2nd mortgage;
3.) Mortgage for the agents personal benefit or for
the benefit of any 3rd person, unless the contrary has
been clearly indicated.

Does the principal have the

power to revoke a contract giving
an agent exclusive authority to
sell?