Civil Code Article 538
This English translation was last updated on 2021-01-20, but the Chinese text was amended on 2026-08-17. Later amendments may not be reflected in the translation — please refer to the Chinese text.
If the mandatory has commissioned a third party instead to deal with the affairs which are the object of the mandate contrary to the provisions of the preceding article, he is liable for the acts of such third party in the same way as for his own.If the third party has been commissioned instead to deal with the affairs which are the object of the mandate in accordance with the provisions of the preceding article, the mandatory is liable only for the selection of such third party, and the instructions which he has given to the third party.
中文原文 民法第538條
受任人違反前條之規定，使第三人代為處理委任事務者，就該第三人之行為，與就自己之行為，負同一責任。
受任人依前條之規定，使第三人代為處理委任事務者，僅就第三人之選任及其對於第三人所為之指示，負其責任。
受任人依前條之規定，使第三人代為處理委任事務者，僅就第三人之選任及其對於第三人所為之指示，負其責任。