{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil:2015:article:2386","workId":"law:eri:code:civil:2015","expressionId":"law:eri:code:civil:2015:en","title":"Mandatary Acting as Co-Contracting Party of Mandator","number":"2386","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2386/","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":"A mandatary can only act as co-contracting party of the mandator, if the content of the juridical act is so precisely determined that conflict of interests between them is excluded.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2386/#p1","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":661,"url":"https://eriatlas.com/sources/civil-code-2015/page/661/?article=2386&paragraph=p1#article-2386-p1"}]},{"id":"p2","number":"2","text":"A mandatary who may only act in his own name can nevertheless act as co-contracting party of the mandator, if the content of the juridical act is so precisely determined that conflict of interests between them is excluded.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2386/#p2","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":661,"url":"https://eriatlas.com/sources/civil-code-2015/page/661/?article=2386&paragraph=p2#article-2386-p2"}]},{"id":"p3","number":"3","text":"If the mandator is a natural person who has granted the mandate otherwise than in the course of a profession or business, his written permission is required, upon pain of annulment, for a juridical act in which the mandatary acts as co-contracting party of the mandator.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2386/#p3","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":662,"url":"https://eriatlas.com/sources/civil-code-2015/page/662/?article=2386&paragraph=p3#article-2386-p3"}]},{"id":"p4","number":"4","text":"The mandatary who acts as the co-contracting party of the mandator, in accordance with the preceding sub-Articles, retains his right to remuneration.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/2386/#p4","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":662,"url":"https://eriatlas.com/sources/civil-code-2015/page/662/?article=2386&paragraph=p4#article-2386-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."}