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ResourcesThai Civil and Commercial CodeBook3Title XV Agency Chapter II Duties and Liabilities of the Agent

Title XV Agency Chapter II Duties and Liabilities of the Agent

Page: 107

Section: 805 - 814

Section 805.- An agent may not without his principal’s consent enter into a juristic act in the name of his principal with himself in his own name, or as agent of a third party, unless the juristic act consists exclusively in the performance of an obligation.

 

Section 806.- An undisclosed principal may declare himself and assume any contract entered into on his behalf. But the principal, who allows his agent to act as a principal, cannot prejudice the rights of the third person against the agent acquired before notice of agency.

 

CHAPTER II

DUTIES AND LIABILITIES OF THE AGENT TO THE PRINCIPAL

 

Section 807.- The agent must act according to the express or implied directions of the principal. In the absence of such directions, he must pursue the accustomed course of the business in which he is employed.

The provisions of Section 659 concerning Deposit apply mutatis mutandis.

 

Section 808.- The agent must act personally, unless he as authority to act by subagent.

 

Section 809.- If required by the principal, the agent must at all reasonable times give information as to the condition of the matters entrusted to him. He must render an account after the agency has come to an end.

 

Section 810.- The agent must hand over to the principal all the moneys and other properties which he receives in connection with the agency.

He must transfer to the principal the rights which he has acquired in his own name but on behalf of the principal.

 

Section 811.- If the agent has used for his own benefit money which he ought to have handed over to the principal or to have used for the principal, he must pay interest thereon from the day when he used it for his own benefit.

 

Section 812.- The agent is liable for any injury resulting from his negligence or non-execution of agency, or from an act done without or in excess of authority.

 

Section 813.- The agent, who appoints a subagent designated by the principal, is liable only in case he knew his unfitness or untrustworthiness and omitted to inform the principal thereof or to revoke the sub agency.

 

Section 814.- The subagent is directly liable to the principal and vice versa.