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EDWARD
MODES OF EXTINGUISHMENT OF
AGENCY
Articles 1919-1932
Article 1919
Agency is extinguished:
(1) By its revocation; BY THE SUBSEQUENT ACTS OF
(2) By the withdrawal of the THE PARTIES
agent;
(3) By the death, civil
interdiction, insanity or
insolvency of the principal or BY OPERATION OF LAW
of the agent
(4) By the dissolution of the
firm or corporation which
entrusted or accepted the
agency
(5) By the accomplishment
of the object or the purpose of
the agency BY AGREEMENT
(6) By the expiration of the
period for which the agency
was constituted
EDWARD
EXPIRATION DEAT WITHDRAWAL ACCOMPLISHMENTREVOCATIO DISSOLUTION
H N
Presumption of
Continuance of
Agency
Termination of agency even if the period
has yet to expire
Death
civil interdiction
Insanity
insolvency
GENERAL RULE:
Agency is extinguished ipso jure by
the death of either the principal or
the agent
Article
1931
EXCEPTIONS:
Power to foreclose survives
the death of the mortgagor
CIVIL INTERDICTION
shalldeprive the offender during the
time of his sentence of the rights of
parental authority, or guardianship,
either as to the person or property of
any ward, of marital authority, of the
right to manage his property and of
the right to dispose of such property
by any act or any conveyance inter
vivos (RPC Art. 34)
The authority of the agent to act for his
principal generally ceases by operation of
law upon an adjudication of INSOLVENCY.
Dissolution of the firm or the corporation
extinguishes its juridical existence.
The fulfilment of the purpose for which
the agency has been created ipso facto
terminates the agency, EVEN IF
EXPRESSED TO BE SO IRREVOCABLE.
Expiration of the term
Speci
fied
Not
specifi
Impli
ed
ed
OTHER MODES:
By ordinary extinguishment of obligations
War
Legal Impossibility
Termination of agents authority
Occurrence of specified event
Loss or destruction of the
subject matter
Change of conditions
Exceptions
When original circumstances
are restored at a reasonable
time;
Reasonable acts by the agent;
Principals knowledge of the
change.
Confidential Relationship between
Principal and Agent
Facts:
Anafe was employed for several years
as manager of Celvers store and was
discharged when the business became
unprofitable. Celver rented the
premises from Rico under a written
lease which expired about two (2) years
before the controversy.
After his discharge, Anafe procured a
lease covering the same premises and
Rico ousted Celver through ejectment
proceedings. The lease was obtained by
Issue:
Did Anafe procure the lease
through any secret or confidential
information obtained by him in
the course of his employment?
Held:
No. The fact that Celver
had been operating on a
month-to-month tenancy
was generally known. It
was not a secret of the
FACTS:
HELD:
Yes. Ceddi has made use of
information which has come
to him in his employment to
the detriment of Sarah. This is
enough to entitle Sarah to
equitable relief.
Former employee put up a
competitive business,
soliciting the patronage of
customers of his former
employer, whose names and
addresses were made known
to the former only for the
purpose of the latters
business.
Article 1920
The principal may revoke
the agency at will, and
compel the agent to return
the document evidencing
the agency. Such
revocation may be express
or implied.
Liability of principal for damage
caused by revocation.
As to the agent
Not always necessary so long as the
agent knows of the circumstances
indicating termination of the agency
As to third persons
Actual notice must be brought to the
customers while notice of publication is
sufficient to other persons.
Agency is also
terminable at will of the
agent through express or
implied
RENUNCIATION.
Effect of Revocation in relation to 3rd Persons
Pacman authorized Andoy to
especially transact the purchase of a
parcel of land belonging to Binoy who
was given a notice of the
authorization given to Andoy. Pending
negotiations, Pacman revoked the
authority of Andoy but Pacman did
not give notice of the revocation to
Binoy.
A general power of
attorney is revoked by a
special one granted to
another agent, as regards
the special matter involved
in the latter.
Carbo appoints Nara as manager of
Carbos business. The authority of Nara
to manage Carbos business includes the
authority to enter into reasonable
contracts of employment of such
personnel as are usual and necessary in
the conduct of the business.
General Rule:
XPN:
If there is a just and lawful cause and upon the vote of
the partners representing the controlling interest.
ART.
1927
Termination of Agency:
2. Sufficiency of interest.
Must be a present interest
An interest in the proceeds of the powers exercise
as compensation is insufficient
NOTE
:
Obligation of agent
To continue to act as an agent until the principal has had
reasonable opportunity to take the necessary steps to remedy
the situation caused by the withdrawal.
WHY?
To prevent damage or prejudice to
the principal.
ART.
1930
Exceptions:
1. Agency by operation of law (Presumed or
Tacit Agency)
2. Agency is coupled with an interest in the
subject matter of the agency
ART.
1440 TRUS
T
- Fiduciary relationship between one person having an
equitable ownership in property and another owning the
legal title to such property
- The equitable ownership of the former entitling him to the
performance of certain duties and the exercise of
certain powers by the latter for the benefit of the former.
TRUSTS
Trustor
-A person who establishes a trust
-One in whom confidence is reposed as
regards property for the benefit of another
Trustee
-the person for whose benefit the trust has
been created
-referred to as the beneficiary
ART.
1440
Donation- a gift
which is a transfer
Trust- an existing of property and
legal relationship except in the case
involving separation of a gift in trust,
of legal and involves a
equitable title disposition of both
legal and equitable
ownership.
ART.
1440
Trust distinguished from
Contract:
Trus Contrac
t -A legal
t
-always involves an obligation
ownership embracing a -based on an
set of rights and duties
fiduciary in character
undertaking
supported by a
maybe created by consideration
a declaration which obligation
without a may or may not
consideration be fiduciary in
character
ART.
1440
Persons Involved:
Trust property.
1. Subject-matter
-may be any property of value (real, personal,
funds or money, or choces in action)
-trust property or trust res
-corpus and principal
2. Trust property
- in existence in which the trustor has a
transferable interest or title although it may, as a
rule, be any kind of transferable property either
realty or personal including undivided, future or
contingent interest therein
ART.
1440
Nature of Ownership of Trustee and
Beneficiary
5. Rights of beneficiary.
- the beneficiary may receive the income from
the assets of the trust, the assets themselves,
or both.
ART.
1440
1. As principal.
-he acts for himself in the administration of the
trust estate, although subject to the terms of
the trust and the law of trusts.
2. As agent.
-a trustee is a general agent for the trust
property and that his acts within the scope of
his authority bind the trust estate to the same
extent as the acts of an gent bind his principal.
ART.
1440
Creation
Effectivity
A competent trustor
and trustee;
An ascertainable
trust res;
Sufficiently certain
beneficiary
ART.
1442