Explanation of Article 85
This article addresses the statement of "contracting through an agent," which is: a person contracts in the name of the principal. The article stipulates that contracting through an agent occurs in two cases:
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First: If the agent is "authorized," meaning that the agent has been delegated by the principal to contract in his name. In this case, the contract is "valid" and its effects are binding on the principal.
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Second: If the agent is "unauthorized," meaning that the agent has not been delegated by the principal to contract in his name. In this case, the contract is "voidable" and its effects are binding on the agent, unless the principal ratifies the contract, in which case the contract becomes "valid" and its effects are binding on the principal.
It should be noted that this ruling applies to all types of contracts, whether they are contracts of exchange or donation, and whether they are consensual or formal contracts.
This article is considered one of the most important articles related to contracting through an agent, as it protects the rights of the principal and provides him with the opportunity to annul the contract if the agent is unauthorized.
Related To
Article 85
If a null contract contains the elements of another contract, the other contract shall be deemed concluded if the contracting parties seem to have intended to enter into such contract.