Title Third: Effects of Agency with Respect to Third Parties

Article 799

Art. 799 - When the agent acts in their personal name, they acquire the rights arising from the contract and remain directly obligated towards those with whom they have contracted, as if the matter concerned them alone to the exclusion of the principal, even if third parties were aware of their status as a nominee or commission agent.

Article 800

Art. 800 - The agent who acts in this capacity, and within the limits of their powers, assumes no personal obligation towards third parties with whom they contract. The latter can only address the principal.

Article 801

Art. 801 - Third parties have no action against the agent to compel it to execute its mandate, unless the mandate was also given in their interest.

Article 802

Art. 802 - Third parties have an action against the agent to compel him to receive the performance of the contract, when such performance necessarily falls within the mandate with which he is charged.

Article 803

Art. 803 - Whoever, in the case of an express mandate, deals with the mandatory in such capacity, has the right to demand the production of the instrument of mandate, and, if necessary, an authentic copy of such instrument, at their own expense.

Article 804

Art. 804 - Acts validly performed by the agent, in the name of and on behalf of the principal, and within the limits of their powers, produce their effect for the benefit of the principal and against him, as if they had been performed by the principal himself.

Article 805

Art. 805 - The principal is directly required to execute the commitments contracted on its account by the agent, within the limits of the powers conferred on the latter. The reservations and secrets passed between the principal and the agent, and which do not result from the mandate itself, may not be opposed to third parties, if it is not proven that they had knowledge thereof at the time of the contract.

Article 806

Art. 806 - The principal is not liable for what the agent has done outside of or beyond their powers, except in the following cases: 1 - when they have ratified, even tacitly; 2 - when they have benefited from it; 3 - when the agent has contracted under more advantageous conditions than those indicated by the instructions they received; 4 - when the agent has contracted under more onerous conditions than those indicated by the instructions they received: a - if the difference is of little importance; b - if it is in accordance with the customary tolerance in commerce or in the place of the contract.

Article 807

Art. 807 - The agent who has acted without a mandate or beyond its mandate is liable for damages to third parties with whom it has contracted, if the contract cannot be executed. The agent shall not be liable for any guarantee if it has given the party sufficient knowledge of its powers, unless it has assumed responsibility for the execution of the contract.