Article 1404

Unauthorized contracts are governed by Article 1317 and the principles of agency in Title X of this Book.

Ang hindi pinapahintulutang kontrata ay pinapamahalaan ng artikulo 1317at mga simulain ng ahensiya sa ikasampung titulo ng aklat na ito.

Discussion:

Other provisions of law that governs unauthorized contracts are the following:

  1. Article 1317 which provides –

“No one may contract in the name of another without being authorized by the latter, or unless he has by law a right to represent him.

A contract entered into in the name of another by one who has no authority or legal representation, or who has acted beyond his powers, shall be unenforceable, unless it is ratified, expressly or impliedly, by the person on whose behalf it has been executed, before it is revoked by the other contracting party. (1259a)”

  1. Articles 1868 – 1932 in the law of agency under title 10 of the code.

Note: Unauthorized contracts are susceptible to ratification.

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