Mandate and Representation – Relations between principal and third persons
Art. 3020. Obligations of the principal to third persons. The principal is bound to perform the contract that the mandatary, acting within the limits of his authority, makes with a third person.
Revision Comments – 1997. (b) Under this provision a principal, whether disclosed or undisclosed, is bound to perform the contracts that the mandatary, acting within limits of his authority, made with third persons. A third person who contracts with the mandatary has a cause of action directly against the principal, whether disclosed or undisclosed. Cf C.C. art. 3023 (Rev. 1997), infra.
(c) For the liability of a mandatary, who does not disclose his principal or who exceeds his authority, see Civil Code Articles 3018 and 3019 (Rev. 1997), supra. For the liability of a principal who ratifies the acts of the mandatary, see Civil Code articles 3018 and 3019 (Rev. 1997), supra.
(d) This provision applies to all mandates, regardless of the commercial or non-Âcommercial nature of the mandate or of the contract between the mandatary and the third person.
Art. 3021. Putative mandatary. One who causes a third person to believe that another person is his mandatary is bound to the third person who in good faith contracts with the putative manÂdatary.
Art. 3022. Disclosed mandate or principal; third person bound. A third person with whom a mandatary contracts in the name of the principal, or in his own name as mandatary, is bound to the principal for the performance of the contract.
Art. 2023. Undisclosed mandate or principal; obligations of third person. A third person with whom a mandatary contracts without disclosing his status or the identity of the principal is bound to the principal for the performance of the contract unless the obligation is strictly personal or the right non-assignable. The third person may raise all defenses that may be asserted against the mandatary or the principal.
