Explanation of Article 483
The article refers to the second type of agency, which is the special agency, meaning: an agency that is defined by specific legal actions, such as when a person is authorized by another to sell or buy, or to reconcile or gift.
The article has clarified the permissibility of limiting the special agency to a specific type of legal actions, such as when a person is authorized by another to sell a specific property or to gift it. A general agency is not valid in a type of action when it is specific, such as being authorized to sell owned property or to conduct an action other than selling, like gifting, as these actions fall under the specific type of action.
The article has exempted the validity of a special agency in a specific type of legal actions without specifying the subject of the action if the action is a donation like a gift. The agency must be special in the type of action and its subject, and an absolute agency for gifting without specifying the gifted property is not valid, as this opens the door to harm and uncertainty for the principal, as one might be authorized to donate property that they do not have the right to dispose of.
The difference between a gift and a sale is that a gift is ownership without compensation, while a sale is ownership with compensation. If the price is not specified in the agency contract, the agent is obliged to sell at the equivalent value and is not allowed to sell for less, as will be discussed in the agent's obligations.
Related To
Article 483
A special power of attorney for a specific type of legal disposition shall be deemed valid even if the subject of such disposition is not specified, except where the disposition is a donation.