{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil:2015:article:2385","workId":"law:eri:code:civil:2015","expressionId":"law:eri:code:civil:2015:en","title":"Conflicting Interests","number":"2385","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2385/","hierarchy":{"book":"BOOK VI - SPECIAL CONTRACTS","title":"TITLE III - CONTRACTS FOR THE PERFORMANCE OF SERVICES","chapter":"Chapter 4. - Mandate","section":"Section 2. - Relationship between the Parties and with Third Parties","paragraph":"Paragraph 1. - Obligations of the Mandatary to the Mandator"},"paragraphs":[{"id":"p1","number":"1","text":"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.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2385/#p1","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":661,"url":"https://eriatlas.com/sources/civil-code-2015/page/661/?article=2385&paragraph=p1#article-2385-p1"}]},{"id":"p2","number":"2","text":"There is presumed to be a conflict of interest if:","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2385/#p2","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":661,"url":"https://eriatlas.com/sources/civil-code-2015/page/661/?article=2385&paragraph=p2#article-2385-p2"}]},{"id":"p2a","number":"a","parentId":"p2","text":"the mandatary also acted as a mandatary for the other party; or","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2385/#p2a","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":661,"url":"https://eriatlas.com/sources/civil-code-2015/page/661/?article=2385&paragraph=p2a#article-2385-p2a"}]},{"id":"p2b","number":"b","parentId":"p2","text":"the juridical act was with himself in his personal capacity.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2385/#p2b","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":661,"url":"https://eriatlas.com/sources/civil-code-2015/page/661/?article=2385&paragraph=p2b#article-2385-p2b"}]},{"id":"p3","number":"3","text":"However, the mandator may not annul the juridical act if:","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2385/#p3","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":661,"url":"https://eriatlas.com/sources/civil-code-2015/page/661/?article=2385&paragraph=p3#article-2385-p3"}]},{"id":"p3a","number":"a","parentId":"p3","text":"he had consented to or could not have been unaware of the mandatary’s so acting; or","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2385/#p3a","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":661,"url":"https://eriatlas.com/sources/civil-code-2015/page/661/?article=2385&paragraph=p3a#article-2385-p3a"}]},{"id":"p3b","number":"b","parentId":"p3","text":"the mandatary had disclosed the conflict of interest to him and he had not objected within a reasonable time.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2385/#p3b","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":661,"url":"https://eriatlas.com/sources/civil-code-2015/page/661/?article=2385&paragraph=p3b#article-2385-p3b"}]},{"id":"p4","number":"4","text":"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.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2385/#p4","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":661,"url":"https://eriatlas.com/sources/civil-code-2015/page/661/?article=2385&paragraph=p4#article-2385-p4"}]}],"caution":"This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur."}