Unofficial translaction
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The third party didnot know or was not supposed to know his status of intermediary;
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Or if the circumstances, including in terms of acommission contract, demonstrate that
the intermediary meant to act for his own account.
ARTICLE 182-The responsibility of the intermediary is generally subject to the mandate rules.
The intermediary shall then be liable to the principal for good and faithful performance of
duties.
He is required to perform personally, unless he is authorized to transfer his duties to a third
party, or forced by circumstances, or the practice allows for a substitution of powers.
ARTICLE183-Whenthe intermediary acts without a mandate, orbeyond his mandate, his acts
are not binding either to the principal or the third party referred to in article 169above.
However,when the behavior of the principal leads the third party to believe, reasonably and in
good faith, that the intermediary has the power to act on behalf of the principal, the latter shall
not rely on the lack of the intermediate power with respect of the third party.
ARTICLE 184- An act realized by an intermediary who acts, without or beyond his power,
may be ratified by the principal.
Such act,if confirmed, shall havethesameeffects as if itwas realized under specific mandate.
ARTICLE 185– Absent a confirmation, an intermediary who acts, without or beyond his
power, is required to indemnify the third party referred to in article 169 above in order to
restore his original condition which should have been such, should the intermediary have acted
by virtue of a mandate and within its limits.
The intermediary shall not be liable if the third party referred to in article 169 above knew or
ought to have known that the intermediary had no power or acted beyond his power.
ARTICLE- The principal must reimburse to the intermediary any advances and costs incurred
by the intermediary, in principal and interest, in the course of the proper performance of the
mandate, and release himfrom any contractedobligations.
ARTICLE 187-The intermediary is required to report on the execution of his mandate to the
principal at all times at the request of the principal.
He shall be liable for interests accrued by delayed payments caused by him and shall be liable
for the compensation for damages caused by failure of execution or bad performance of his
duties unless he can prove that he is not responsible for such damage.
OHADA / Uniform Act / Unofficial Translations
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