- Statute
- Civil Code
- Article
- Art. 1892
- Topic
- Obligations of the Agent
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE X AGENCY
- Chapter
- CHAPTER 2 Obligations of the Agent
- Formerly
- Art. 1721 of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
The agent may appoint a substitute if the principal has not prohibited him from doing so; but he shall be responsible for the acts of the substitute: (1) When he was not given the power to appoint one; (2) When he was given such power, but without designating the person, and the person appointed was notoriously incompetent or insolvent. All acts of the substitute appointed against the prohibition of the principal shall be void. (1721)
Intellegal Wiki · In plain terms
An agent may name a substitute to act in his place unless the principal forbade it, but he remains answerable for the substitute's acts when he was given no power to appoint one, or had that power but picked someone notoriously incompetent or insolvent without being told whom to choose. Acts of a substitute named against the principal's prohibition are void.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Spouses May S. Villaluz v. Land Bank of the Philippines G.R. No. 192602