Article 2385

If a juridical act performed by a mandatary involves the mandatary in a conflict of interests of which the other party knew or could not have been unaware, the mandator may annul the juridical act.

There is presumed to be a conflict of interest if:

the mandatary also acted as a mandatary for the other party; or

the juridical act was with himself in his personal capacity.

However, the mandator may not annul the juridical act if:

he had consented to or could not have been unaware of the mandatary’s so acting; or

the mandatary had disclosed the conflict of interest to him and he had not objected within a reasonable time.

A mandatary is not entitled to remuneration in his relationship with the mandator in respect of whom he acts in violation of the provisions of the preceding sub-Articles, and this without prejudice to the mandatary’s obligation to repair the damage suffered by that mandator as a consequence thereof. There may be no derogation from this provision to the detriment of a mandator.