Unofficial translaction
CHAPTER II: ESTABLISHMENT AND SCOPE OF THE POWER OF INTERMEDIARIES
ARTICLE 175- The rules of the mandate shall apply to relations between the intermediary and
the person for whom he acts, evenif such agency is not revealed. Relations between the
intermediary, the principal and the third party referred to in article 169 above shall be governed
by articles 180, 181, 183, 184 and 185 of this uniform Act.
ARTICLE 176- The mandate of the intermediary may be written or verbal.
It is not subjected to any requirement of form.
Absent a written mandate, it may be proved by any means, including by a witness.
ARTICLE 177-The principal and the intermediary on one hand, the intermediary and the third
party referred toarticle169aboveon the other hand, shall be bound bypractices
whichtheykneworshould have known, and which, in trade, are widely known and regularly
observed by the partiesin the same relation in the line of enterprisein question.
They shall also be bound by practices established between them.
ARTICLE 178–Unless expressly stipulated in the contract, the scope of the intermediary's
power is determined by the nature of the matter to which he relates.
The mandate shall include the power to perform legal acts necessary for its implementation.
However, the intermediary may not initiate legal proceedings, settledisputes, agree to arbitration,
assume obligations of change, alienate or encumber property, or make gifts, without a special
power.
ARTICLE 179–The intermediary who has received specific instructions may not deviate from
them, absent proofthatcircumstancesdid not allow him to get permission from the principal,
where it is established that, should the principal be informed of the situation, he would have
granted the power.
CHAPTER III: LEGAL EFFECTS OF ACTS PERFORMED BY THE INTERMEDIARIES
ARTICLE 180-When the intermediary is acting on behalf of the principal within the limits of
his power, and the third party knew or had to know him as an intermediary, his acts shall bind
the principaldirectly to the third party referred to in article 169 above, unless it is clear from the
circumstances, notably by reference toacommissionorbrokerage contract,thatthe intermediary
meant to act only for himself.
ARTICLE181-Whenthe intermediary acts on behalf of the principal withinthe limits of his
power, he is not bound personally to the third party referred to in article 169 aboveunless:
OHADA / Uniform Act / Unofficial Translations
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