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ResourcesThai Civil and Commercial CodeBook3Title XV Agency Chapter III Duties and Liabilities of the Principal Chapter IV Liability of Principal and Agent

Title XV Agency Chapter III Duties and Liabilities of the Principal Chapter IV Liability of Principal and Agent

Page: 108

Section: 815 - 823

CHAPTER III

DUTIES AND LIABILITIES OF THE PRINCIPAL TO THE AGENT

 

Section 815.- The principal must, if so required, advance to the agent such sums of money as are necessary for the execution of the matters entrusted to him.

 

Section 816.- If the agent, in executing the matters entrusted to him, has made advances or expenses which could reasonably be regarded as necessary, he may claim from the principal reimbursement with interest from the day when they were made.

If the agent in executing the matters entrusted to him, has assumed an obligation which could reasonably be regarded as necessary, he may require the principal to perform in his place or if the time of its maturity has not yet arrived, to give proper security.

If the agent, by reason of the execution of the matters entrusted to him, has suffered damage without fault on his part, he may claim compensation from the principal.

 

Section 817.- In case of remuneration is to be paid, it is payable, unless otherwise agreed, only after the agency has come to an end.

 

Section 818.- The agent is not entitled to remuneration in respect of that part of his agency which he has misconduct.

 

Section 819.- The agent is entitled to retain any property of the principal in his possession by reason of agency until he has been paid all that is due to him on account of agency.

 

CHAPTER IV

LIABILITY OF PRINCIPAL AND AGENT TO THIRD PERSONS

 

Section 820.- The principal is bound to third persons by the acts which the agent or the subagent has done within the scope of his authority by virtue of his agency.

 

Section 821.- A person, who holds out another person as his agent or knowingly allows another person to hold himself out as his agent, is liable to third persons in good faith in the same way as if such person was his agent.

 

Section 822.- If an agent does an act in excess of authority, but the third person had reasonable grounds, arising from the act of the principal, to believe that it was within his authority, the provisions of the foregoing Section apply correspondingly.

 

Section 823.- If an agent does an act without authority or beyond the scope of his authority, such act does not bind the principal unless he ratifies it.

If the principal does not ratify, the agent is personally liable to third persons, unless he proves that such third persons knew that he was acting without authority or beyond the scope of the authority.