Chapter Second: Obligations of the Principal

Article 792

Art. 792 - Unless otherwise stipulated by custom or agreement, the principal is required to provide the agent with the necessary funds and other means for the execution of the mandate.

Article 793

Art. 793 - The principal must: 1 - reimburse the agent for the advances and expenses that he had to incur for the execution of the mandate, to the extent that they were necessary for that purpose; pay him a fee, where it is due, regardless of the outcome of the matter, if there is no fault attributable to the agent; 2 - release the agent from the obligations that he had to contract as a result of the execution of the mandate. The principal is not liable for the obligations that the agent may have assumed, or for the losses that he may have incurred, due to his fault or for other reasons unrelated to the mandate.

Article 794

Article 794 - The mandatary has no right to the stipulated compensation: 1 - if he was prevented by an act of force majeure from undertaking the execution of his mandate. 2 - if the affair with which he was charged came to an end before he could undertake it. 3 - if the affair for which the mandate had been given was not realized, except, in this latter case, commercial usage or that of the place. It belongs nevertheless to the judge to appreciate whether an indemnity is not due to the mandatary by reason of the circumstances.

Article 795

Art. 795 - When the remuneration has not been fixed, it is determined according to the custom of the place where the mandate was executed and, in the absence thereof, according to the circumstances.

Article 796

Art. 796 - The principal who has assigned the matter to others remains responsible, towards the agent, for all the consequences of the mandate, pursuant to article 793, if there is no stipulation to the contrary accepted by the agent.

Article 797

Art. 797 - If the mandate was given by several persons for a common matter, each of them, unless otherwise stipulated, is liable towards the mandatory in proportion to their interest in the matter.

Article 798

Art. 798 - In order to reimburse itself for what is owed to it by the principal, under Article 793, the agent has a right of retention over the personal property or merchandise of the principal, which have been sent or entrusted to it.