Page:The Civil code of Japan (IA cu31924069576704).pdf/49

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tion of the principal or in case of unavoidable necessity.

105.

A representative who in the case mentioned in the preceding article appoints a substitute is responsible to the principal for a proper appointment and for supervision.

A representative who appoints a substitute designated by the principal is responsible only in case he knew his unfitness or untrustworthness and omitted to inform the principal thereof or to revoke the substitution.

106.

A legal representative may appoint a substitute, for whom he is responsible; but in case of unavoidable necessity he incurs only the responsibility specified in Art. 105, 1.

107.

A substitute within the scope of his authority represents the principal directly.

A substitute has the same rights and duties as the original representative with regard to the principal and to third persons.

108.

A person cannot in the same juristic act represent the other party or both parties; but this does not apply to the performance of an obligation.

109.

A person who holds out another to a third person as