LA INFLUENCIA DEL COLOR EN LOS SENSACIONES Y EMOCIONES

Art. 394

1 _{An agency contract is a contract whereby the agent undertakes to} conduct certain business or provide certain services in accordance with the terms of the contract.

2 _{Contracts for the provision of work or services not covered by any} other specific type of contract are subject to the provisions governing agency.

3 _{Remuneration is payable where agreed or customary.}

Art. 395

An agency contract is deemed to have been accepted where it has not been declined immediately and relates to business which is conducted by the agent by official appointment or on a professional basis or for which he has publicly offered his services.

Art. 396

1 _{Unless expressly defined by the contract, the scope of the agency is} determined by the nature of the business to which it relates.

2 _{In particular, it includes the authority to carry out such transactions} as are required for performance of the contract.

D. Work on a project origi- nated by the publisher A. Definition B. Conclusion of the contract C. Effects I. Scope of agency

3 _{The agent requires special authority to agree a settlement, accept an} arbitration award, contract bill liabilities, alienate or encumber land or make gifts.202

Art. 397

1 _{An agent who has received instructions from the principal on how to} conduct the business entrusted to him may deviate from them only to the extent that circumstances prevent him from obtaining the princi- pal’s permission and that he may safely assume such permission would have been forthcoming had the principal been aware of the situation. 2 _{Where such conditions are not satisfied and the agent nevertheless} deviates from the principal’s instructions to the latter’s detriment, the agency contract is deemed to have been performed only if the agent accepts liability for the resultant damage.

Art. 397a203

If it is anticipated that the principal will become permanently incapa- ble of judgement, the agent must notify the adult protection authority at the principal's domicile if such notification appears appropriate in order to safeguard the interests concerned.

Art. 398

1 _{The agent generally has the same duty of care as the employee in an} employment relationship.204

2 _{The agent is liable to the principal for the diligent and faithful per-} formance of the business entrusted to him.

3 _{He must conduct such business in person unless authorised or com-} pelled by circumstance to delegate it to a third party or where such delegation is deemed admissible by custom.

Art. 399

1 _{An agent who has delegated the business entrusted to him to a third} party without authority is liable for the latter’s actions as if they were his own.

2 _{Where such delegation was authorised, he is liable only for any} failure to act with due diligence when selecting and instructing the third party.

202 _{Amended by Annex 1 No II 5 of the Civil Procedure Code of 19 Dec. 2008, in force since}

1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

203 _{Inserted by Annex No 10 of the Federal Act of 19 Dec. 2008 (Adult Protection, Law of}

Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

204 _{Amended by No II Art. 1 No 7 of the Federal Act of 25 June 1971, in force since 1 Jan.}

1972 (at the end of this Code, Final and Transitional Provisions of Title X).

II. Obligations of the agent 1. Compliance with instructions 1bis_{. Duty to} notify 2. Faithful performance a. In general b. In the event of delegation

3 _{In both cases, claims held by the agent against the third party may be} enforced the principal directly against the third party.

Art. 400

1 _{The agent is obliged at the principal’s request, which may be made at} any time, to give an account of his agency activities and to return anything received for whatever reason as a result of such activities. 2 _{He must pay interest on any sums which he is late in forwarding to} the principal.

Art. 401

1 _{Where the agent acting on the principal’s behalf acquires claims in} his own name against third parties, such claims pass to the principal provided he has fulfilled all his obligations towards the agent under the agency relationship.

2 _{The same applies in relation to the agent’s assets if the agent is} bankrupt.

3 _{Similarly, where the agent is bankrupt, the principal may claim} chattels of which the agent took possession in his own name but on the principal’s behalf, subject to the agent’s own rights of lien.

Art. 402

1 _{The principal is obliged to reimburse the agent for expenses incurred} in the proper performance of the agency contract plus interest and to release him from obligations entered into.

2 _{The principal must also compensate the agent for any loss or damage} incurred in performance of the agency contract unless the principal can prove that the damage occurred through no fault of his own.

Art. 403

1 _{Where several persons conclude an agency contract as principals,} they are jointly and severally liable to the agent.

2 _{Where several persons conclude an agency contract as agents, they} are jointly and severally liable to the principal and, save to the extent they are authorised to delegate to third parties, may commit the princi- pal only through joint action.

Art. 404

1 _{The agency contract may be revoked or terminated at any time by} either party. 3. Account of agency 4. Transfer of acquired rights III. Obligations of the principal IV. Liability of joint principals and agents D. Termination I. Grounds 1. Revocation, termination

2 _{However, a party doing so at an inopportune juncture must compen-} sate the other for any resultant damage.

Art. 405

1 _{Unless otherwise agreed or implied by the nature of the agency} business, the agency contract ends on loss of capacity to act, bank- ruptcy, death or declaration of presumed death of the principal or the agent.205

2 _{However, where termination of the agency contract jeopardises the} principal’s interests, the agent, his heir or his representative is obliged to continue conducting the agency business until such time as the principal, his heir or his representative is able to conduct it himself. Art. 406

Actions taken by the agent before he became aware of the termination of the agency contract are binding on the principal or his heir as if the contract had still been in force.