Section 796.- If the documents including the warehouse receipt and the warrant, or one of them, have been lost, the holder on giving proper security may require the warehouseman to deliver him a new title.

In such case, the warehouseman must enter the fact in the counterfoil.

 

TITLE XV

AGENCY

CHAPTER I

GENERAL PROVISIONS

 

Section 797.- Agency is a contract whereby a person, called the agent, has authority to act for another person, called the principal, and agrees so to act.

Agency may be express or implied.

 

Section 798.- If a transaction is by law required to be made in writing, the appointment of an agent for such transaction must also be made in writing.

If the transaction is required to be evidenced by writing, the appointment of an agent for such transaction must also be evidenced by writing.

 

Section 799.- The principal, who employs an incapacitated person as an agent, is bound by the acts of that agent.

 

Section 800.- The agent, who has a special authority, may do on behalf of his principal whatever is necessary for the due execution of the matters entrusted to him.

 

Section 801.- The agent, who has a general authority, may do all acts of management on behalf of his principal.

                He cannot do such acts as :

                (1) Selling or mortgaging immovable property ;

                (2) Letting immovable property for more than three years ;

                (3) Making a gift ;

                (4) Making a compromise ;

                (5) Entering an action in Court ;

                (6) Submitting a dispute to arbitration.

 

Section 802.- In case of emergency, the agent is presumed to have an authority to do, in order to protect his principal from loss, all such acts as would be done by a person of ordinary prudence.

 

Section 803.- The agent is not entitled to receive remuneration unless it is provided by the contract, or may be implied from the course of dealing between the parties or by usage.

 

Section 804.- If several agents have been appointed in one contract by the same principal for the same matters, it is presumed that they cannot act separately.