- Statute
- Civil Code
- Article
- Art. 1883
- Topic
- Nature, Form and Kinds of Agency
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE X AGENCY
- Chapter
- CHAPTER 1 Nature, Form and Kinds of Agency
- Formerly
- Art. 1717 of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
If an agent acts in his own name, the principal has no right of action against the persons with whom the agent has contracted; neither have such persons against the principal. In such case the agent is the one directly bound in favor of the person with whom he has contracted, as if the transaction were his own, except when the contract involves things belonging to the principal. The provisions of this article shall be understood to be without prejudice to the actions between the principal and agent. (1717)
Intellegal Wiki · In plain terms
If an agent contracts in their own name rather than the principal's, the principal and the third party generally cannot sue each other; the agent alone is bound to the third party as if the deal were their own. An exception applies when the contract involves the principal's own property, and the principal and agent still keep their mutual rights.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Sylvia H. Bedia v. Emily A. White G.R. No. 94050
- Agustin Aldea v. Inocentes Fuentes G.R. No. 5899