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Explanation of Article 87

Explanation of Article 87

This article addresses the statement of the "fate of the contract" concluded by the agent without authorization, or by exceeding the limits of his agency. The article stipulates that this contract is "voidable," meaning that the contract is valid and produces its legal effects unless the principal requests its annulment. In this case, the contract is annulled and does not produce any legal effect.

It is worth noting that this provision applies to all types of contracts, whether they are contracts of exchange or donation contracts, and whether they are consensual or formal contracts.

This article is considered one of the most important articles related to the fate of the contract, as it protects the rights of the principal and provides him with the opportunity to annul the contract if the agent was unauthorized or exceeded the limits of his agency.

As for "ratification," which is the principal's approval of the contract concluded by the agent without authorization or by exceeding the limits of his agency, it will be discussed in detail in Article (88).

Article 87

  1. A contract may be concluded by an agent, unless legal provisions stipulate otherwise.

  2. Concluding contracts by an agent may be made pursuant to a judicial ruling or legal provision, or by agreement.