JURISPRUDENCE
DEFINITION, OBJECTIVE AND NATURE OF
AGENCY
I will be discussing Art. 1870 which provides
Acceptance by the agent may also be express, or
implied from his acts which carry out the agency, or
from his silence or inaction according to the
circumstances. Art. 1870 is actually a reiteration of
Art. 1869 which emphasized the consensual nature of
the contract of agency. I will, if I may, complement
the report of my group mates and/or cite some
pertinent decisions in which the articles are involved
in our report.
NOTE:
The element not included in the Rallos
enumeration is the cause or consideration of every
contract of agency.
The last two elements included in the Rallos
enumeration should not be understood to be essential
elements for the perfection and validity of the
contract of agency, for indeed they are matters that do
not go into perfection, but rather into the performance
stage of the agency relationship. The non-existence of
the two purported essential elements (i.e., that the
agent acted for herself and/or the agent acted beyond
the scope of her authority), does not affect the validity
of the existing agency relationship, but rather the
legality of the contracts entered into by the agent on
behalf of the principal.
Dean Villanueva
Lets then go back to the Elements:
(a) consent
- The essential element of consent is manifest
from the principle that No person may be
represented by another without his will; and
that no person can be compelled against his
will to represent another.
(b) object or subject matter
- The object of every contract of agency is
service, which particularly is the legal
undertaking of the agent to enter into juridical
acts with third persons on behalf of the
principal.
(c) cause or consideration
- The cause or consideration in agency is the
compensation or commission that the principal
agreed or committed to be paid to the agent
for the latters services.
Essential Characteristics of Agency
a. Nominate and Principal
b. Consensual
c. Unilateral and Primarily Onerous
d. Preparatory and Representative
e. Derivative, Fiduciary and Revocable
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FORM REQUIRED
AGENCY
FOR
CONTRACT
OF