1726
=U3= Sec164 -- Section 164 Effect of a declaration made by the agent
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=S=> BGB 164. 1 A declaration of intent which a person makes within the scope of his own power of agency in the name of a principal takes effect directly in favour of and against the principal . It is irrelevant whether the declaration is made explicitly in the name of the principal , or whether it may be gathered from the circumstances that it is to be made in his name .
=S=> BGB 164. 2 If the intent to act on behalf of another is not evident , the lack of intent on the part of the agent to act on his own behalf is not taken into consideration .
=S=> BGB 164. 3 The provisions of subsection ( 1 ) apply with the necessary modifications if a declaration of intent to be made to another is made to his agent .
=U3= Sec165 -- Section 165 Agent with limited capacity to contract
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=S=> BGB 165 The effectiveness of a declaration of intent made by or to an agent is not adversely affected by the agent having limited capacity to contract .
=U3= Sec166 -- Section 166 Absence of intent ; imputed knowledge
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=S=> BGB 166. 1 Insofar as the legal consequences of a declaration of intent are influenced by an absence of intent or by knowledge or by constructive notice of certain circumstances , it is not the person of the principal , but that of the agent , that is taken into account .
=S=> BGB 166. 2 If , in the case of a power of agency granted by a legal transaction ( authority ) , the agent has acted in compliance with certain instructions given by the principal , then the latter may not invoke the lack of knowledge of the agent with regard to circumstances of which the principal himself knew . The same rule applies to circumstances which the principal ought to have known , insofar as constructive notice is equivalent to knowledge .
=U3= Sec167 -- Section 167 Conferment of authority
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=S=> BGB 167. 1 Authority is conferred by declaration to the person to be granted authority , or to the third party in relation to whom the authority is to have effect .
=S=> BGB 167. 2 The declaration is not required to be in the form laid down for the legal transaction to which the authority relates .
=U3= Sec168 -- Section 168 Expiry of authority
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=S=> BGB 168 The expiry of the authority depends on the legal relationship on which its conferment is based . The authority is also revocable if the legal relationship is continued , unless this relationship leads to a different conclusion . The provision under section 167 ( 1 ) applies with the necessary modifications to the declaration of revocation .
=U3= Sec169 -- Section 169 Authority of the authorised representative and the managing partner
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=S=> BGB 169 To the extent that the expired authority of an authorised representative or a managing partner is deemed to continue in accordance with sections 674 and 729 , it is not effective in favour of a third party who , when a legal transaction is undertaken , knows or ought to know of the expiry .
=U3= Sec170 -- Section 170 Period of effectiveness of the authority
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=S=> BGB 170 If authority is granted by declaration to a third party , it remains in force in relation to this third party until he is notified by the principal of the expiry thereof .
=U3= Sec171 -- Section 171 Period of effectiveness in the case of announcement
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=S=> BGB 171. 1 If a person has announced by separate notice to a third party or by public notice that he has granted authority to another , the latter , on the basis of the announcement , is authorised to represent the person to that third party in the former case , and to any third party in the latter case .
=S=> BGB 171. 2 The authority remains effective until the notice is revoked in the same manner in which it was made .
=U3= Sec172 -- Section 172 Letter of authorisation
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=S=> BGB 172. 1 If the principal has delivered a letter of authorisation to the agent and the agent presents it to a third party , this is equivalent to a separate notification of authorisation by the principal .
=S=> BGB 172. 2 The power of agency remains effective until the letter of authorisation is returned to the principal or declared to be invalid .
=U3= Sec173 -- Section 173 Period of effectiveness in the case of knowledge and negligent lack of knowledge
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=S=> BGB 173 The provisions of section 170 , section 171 ( 2 ) and section 172 ( 2 ) do not apply if the third party knows or ought to know of the termination of the authority when the legal transaction is entered into .
=U3= Sec174 -- Section 174 Unilateral legal transaction by an authorised representative
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=S=> BGB 174 A unilateral legal transaction that an authorised representative undertakes in relation to another is ineffective if the authorised representative does not present a letter of authorisation and the other rejects the legal transaction without undue delay for this reason . Rejection is excluded if the principal notified the other of the authorisation .
=U3= Sec175 -- Section 175 Return of the letter of authorisation
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=S=> BGB 175 After the expiry of the authority , the authorised representative must return the letter of authorisation to the principal ; he has no right of retention .
=U3= Sec176 -- Section 176 Declaration of invalidity of the letter of authorisation
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=S=> BGB 176. 1 The principal may , by public notice , declare the letter of authorisation ; the declaration of invalidity must be published in compliance with the provisions of the Code of Civil Procedure [ Zivilprozessordnung ] that govern the service of a summons by publication . The declaration of invalidity becomes effective at the end of one month after its last appearance in the official newspapers .
=S=> BGB 176. 2 The local court [ Amtsgericht ] in whose district the principal is subject to general jurisdiction and the local court [ Amtsgericht ] which would have jurisdiction over the action for the return of the letter of authorisation are equally competent to authorise the publication , irrespective of the value of the matter in dispute .
=S=> BGB 176. 3 The declaration of invalidity is ineffective if the principal may not revoke the authority .
=U3= Sec177 -- Section 177 Entry into contract by an unauthorised agent
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=S=> BGB 177. 1 If a person enters into a contract in the name of another without power of agency , then the effectiveness of the contract to the benefit or detriment of the principal requires the ratification of the principal .
=S=> BGB 177. 2 If the other party requires the principal to make a declaration as to whether or not he ratifies the contract , the declaration may only be made to that other party ; a ratification or a refusal of ratification declared to the agent before the demand is without effect . The ratification may only be declared before the expiry of two weeks after receipt of the demand ; if it is not declared , it is considered to have been refused .
=U3= Sec178 -- Section 178 Right of revocation of the other party
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=S=> BGB 178 Until the ratification of the contract , the other party is entitled to revoke it , unless he knew of the lack of power of agency when he entered into the contract . The revocation may also be declared to the agent .
=U3= Sec179 -- Section 179 Liability of an unauthorised agent
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=S=> BGB 179. 1 A person who has entered into a contract as an agent is , if he does not furnish proof of his power of agency , obliged to the other party at the other party's choice either to perform the contract or to pay damages to him , if the principal refuses to ratify the contract .
=S=> BGB 179. 2 If the agent was not aware of his lack of power of agency , he is obliged to make compensation only for the damage which the other party suffers as a result of relying on the power of agency ; but not in excess of the total amount of the interest which the other or the third party has in the effectiveness of the contract .
=S=> BGB 179. 3 The agent is not liable , if the other party knew or ought to have known of the lack of power of agency . The agent is also not liable if he had limited capacity to contract , unless he acted with the consent of his legal representative .
=U3= Sec180 -- Section 180 Unilateral legal transactions
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=S=> BGB 180 Agency without authority is not permitted for a unilateral legal transaction . However , if the person in relation to whom such a legal transaction was to be undertaken did not , when the legal transaction was undertaken , question the power of agency the agent claimed to have , or if he was in agreement that the agent might act without authority , the provisions on contracts apply with the necessary modifications . The same applies if a unilateral legal transaction is undertaken in relation to an unauthorised agent with his consent .
=U3= Sec181 -- Section 181 Contracting with oneself
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=S=> BGB 181 An agent may not , unless otherwise permitted , enter into a legal transaction in the name of the principal with himself in his own name or as an agent of a third party , unless the legal transaction consists solely in the performance of an obligation .
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