The Liability for Torts Committed by Another Person, Specifically in the Case of the Principal's Liability Arising from the Tortious Act of the Agent

Abstract

 This academic article aims to study tort liability between the principal and agent under the Civil and Commercial Code, Book 3, Specific Contracts, Title 15, Agency. The agency contract arises from the intention of one person, known as the agent, who is authorized to act on behalf of another person, known as the principal. This agreement may be expressed explicitly or implicitly, as provided in Section 797. It may also arise from legal effects, such as necessary or emergency agency under Section 802, undisclosed agency under Section 806, and secret agency under Section 821, as well as ratifying actions beyond the agent's authority or outside the scope of the agency under Section 823. When the agent acts within the scope of authority, the principal is bound to be
liable for all the actions taken by the agent within that scope, both for contractual liability under the agency agreement and tort liability under Sections 420, 820, and 427, as the case may be. Regarding tort liability for actions taken by the agent within the scope of authority, the agent is personally liable to the third-party victim, and the principal must share the responsibility for that action with the victim. If the principal has paid compensation to the third-party victim, the principal has the right to seek reimbursement from the agent for the amount paid to the third party. The Civil and Commercial Code provides that the provisions regarding the tort liability of employers and employees under Sections 425, 426, and Section 427 may apply analogously.