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June 1, 2022

Business Law and Labor Law Updates

The topics below may be relevant to your daily activities, especially those which involve business law, labor law, and other legal areas of your business.

 


MAY PRINCIPAL APPOINT TWO OR MORE AGENT FOR A COMMON TRANSACTION?


  • Two or more agents appointed by the principal is assumed to have joint obligation.

  • If solidarity has been agreed upon, each of the agents is responsible for the non-fulfillment of the agency, and for the fault or negligence of his fellow agents.

  • An agent who exceeds his powers does not act as such agent, and, therefore, the principal assumes no liability to third persons.

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WHAT IS POSSESSION?


possession

  • Possession is the holding of a thing or the enjoyment of a right

  • Possession is not necessarily the same with ownership

  • Possession may either be in the concept of an owner or holder

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MAY A CO-OWNER BE OBLIGED TO REMAIN IN THE CO-OWNERSHIP?


  • A co-owner may demand at any time the partition of the thing owned in common in so far as his share is concerned

  • Co-owners may agree to keep the thing owned in common for a certain period of time

  • A donor or testator may prohibit the division or partition of the donated property

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MAY AN AGENT APPOINT A SUBSTITUTE OR SUB-AGENT?


  • Unless prohibited by the principal, the agent may appoint a sub-agent or substitute.

  • A sub-agent is a person employed or appointed by an agent as his agent, to assist him in the performance of an act for the principal.

  • The principal will not be liable to third parties for the sub-agent’s acts but the agent will be liable to the principal or third parties if the sub-agent acts wrongfully.

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