(1) If the commission agent assumes an obligation of a third party with whom the commission agent concludes a transaction for the account of the principal, or if such assumption corresponds to the commercial customs prevailing at the place where the commission agent carries on their business, then the commission agent will be responsible for performance of such obligation.
(2) A commission agent who is responsible for the performance by the third party will be directly liable to the principal for performance on the due date, to the extent that the performance can be demanded under the contractual relationship. The commission agent may claim special remuneration (del credere commission).