Agency rests on confidence. Where the attorney transfers the immovable into his own name or that of relatives, or concludes transactions without value or in collusion, Court of Cassation practice treats the conduct as abuse of the mandate and a ground for cancellation and registration of title.
The bona fide third party, reliance on the register and limitation defences are the critical axes of these actions. The office turns the scope of the power of attorney, the date of the act and the parties’ relationship into a proof plan aligned with authority.