Accord between principal and agent need not be made in writing

Accord need not be made in writing

Accord between principal and agent need not be made in writing

Edited by Bonaventura Minutolo and Teresa Cofano

An accord between principal and agent for the payment of expense account for the management of the office need not be made in writing.

The uninterrupted payment for four years of a monthly “additional emolument” to an agent by his principal proved the existence of an accord between the parties designed to provide the agent of an expense account for the management of the office.

Under art. 1742 c.c., the accord need not be made in writing, as it consists in a simple modification of the contractual clause (which does not provide for the disbursement of the emolument) and which may also be inferred or proven.

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