Unofficial translaction
principal, he extends a credit or an advance to athird party.
However, the principal is required to indemnify the agent of his losses if the latter demonstrates
that he has acted in the interest of the principal.
ARTICLE 202- The commission agent shall only be liable for payment or execution of
otherobligations resulting from those he executed if he is answerable thereof or if it is common
practice in trade where he operates.
The commission agentwho guarantees the obligations of the third party with whom he deals
shall be entitled to an additional commission called del credere commission.
ARTICLE 203– The commission agentshall lose all rights to commission if he has been guilty
of acts of bad faith towards the principal, especially if he gave the principal a higher price than
the purchase price or a lower price than sale price.
Insuchcases,theprincipal has therightto oblige the agent as buyer orseller.
ARTICLE 204- The shipping agent or carrier on commission, who, in exchange
forcompensation and in his own name, takes charge to ship or re-shipgoods on behalf of his
principal, shall be likened to thecommission agent. He shall be subjected to provisions
governing the contract of transportation with regard to the transport of goods.
ARTICLE 205-The shipping agent or carrier on commission shall be responsible for, inter
alia, thetimely arrivalofgoods,damageandlosses,unless caused by a third party or cases of
forcemajor.
ARTICLE 206– The authorized customs commission agentis required to pay the amount of
duties, taxes or fines of the Customs authority on behalf of his client.
The authorized customs commission agent who has paid for others rights, taxes or fines
collected by Customs, shall be subrogated to the rights of Customs.
ARTICLE 207– The authorized customs commission agent shall be liable to his principal for
any error in the declaration or application of customs tariffs, as well as any prejudice that may
arise from delays in payment of duties, taxes or fines.
He shall be liable to Customs authorities and the Treasury for customs operations entrusted to
him.
TITLE III: BROKERS
ARTICLE 208–Brokers are professionals who connect people to facilitate or bring about the
conclusion of agreements between them.
OHADA / Uniform Act / Unofficial Translations
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