Book contents
- Frontmatter
- Contents
- List of contributors
- Foreword
- Preface
- Abbreviations
- Table of cases
- 1 Introduction
- PART 1 The civilian legal systems
- PART 2 The common law
- PART 3 Mixed legal systems
- PART 4 International ‘codes’
- 11 Unauthorised agency in the Principles of European Contract Law
- 12 Unauthorised agency in the UNIDROIT Principles of International Commercial Contracts 2004
- PART 5 Conclusions
- Bibliography
- Index
12 - Unauthorised agency in the UNIDROIT Principles of International Commercial Contracts 2004
Published online by Cambridge University Press: 07 September 2009
- Frontmatter
- Contents
- List of contributors
- Foreword
- Preface
- Abbreviations
- Table of cases
- 1 Introduction
- PART 1 The civilian legal systems
- PART 2 The common law
- PART 3 Mixed legal systems
- PART 4 International ‘codes’
- 11 Unauthorised agency in the Principles of European Contract Law
- 12 Unauthorised agency in the UNIDROIT Principles of International Commercial Contracts 2004
- PART 5 Conclusions
- Bibliography
- Index
Summary
Introduction
This chapter is devoted to the rules with respect to unauthorised agency provided by the UNIDROIT Principles of International Commercial Contracts 2004. These principles devote an entire section to agency (see Chapter 2: Formation and Authority of Agents, Section 2: Authority of Agents). The UNIDROIT Principles are of a non-binding nature and aim to establish rules of general contract law at a universal level.
The UNIDROIT Principles provide the general rule that where an agent acts without (sufficient) authority, his acts do not bind the principal. This general rule is exempted in cases where the doctrine of apparent authority applies or where the principal subsequently ratifies the unauthorised act. In addition, the UNIDROIT Principles provide that the third party may hold an unauthorised agent (the falsus procurator) liable for the damage which the third party has suffered as a consequence of the agent's lack of authority.
In this chapter, in part II, I first examine the scope of the UP. In part III I examine the concept of agency used in the UNIDROIT Principles. In part IV I devote some attention to the general effect of unauthorised agency. Afterwards, I then turn to the main exceptions to the general effect of unauthorised agency: apparent authority (V) and ratification (VI). Part VII follows with some remarks about the liability of the falsus procurator and part VIII with a treatment of the interrelationship between apparent authority, ratification and the liability of the falsus procurator.
- Type
- Chapter
- Information
- The Unauthorised AgentPerspectives from European and Comparative Law, pp. 362 - 382Publisher: Cambridge University PressPrint publication year: 2009