Short answer. No, not without your consent. Under Article 1890, an agent authorized to lend the principal's money at interest cannot borrow it himself without the principal's consent. The rule is asymmetric: an agent empowered to borrow may be the lender himself at the current rate, but one authorized to lend may not become the borrower.

What the law says

If he has been authorized to lend money at interest, he cannot borrow it without the consent of the principal.

Civil Code, Article 1890 — Agent as Lender or Borrower. Read the full provision →

Two situations, two different answers

Article 1890 deals with the delicate case where the agent handling the principal's money dealings wants to be on the other side of the transaction himself. It gives two answers depending on which way the authority runs. If the agent has been empowered to borrow money, he may himself be the lender at the current rate of interest. If he has been authorized to lend money at interest, he cannot borrow it without the consent of the principal. So the same person, authority and money can produce opposite results.

Why borrowing yourself is allowed

When the agent is authorized to borrow money for the principal, letting the agent be the lender is harmless to the principal — provided it is on fair terms. The agent's job was to get the principal a loan; if the agent himself lends the needed money at the current rate of interest, the principal gets exactly what he wanted, at the going market rate, and there is no overreaching. The safeguard is built in: the loan must be at the current rate, not on terms the agent skews in his own favour.

Why borrowing the principal's money is not

The reverse situation is treated with suspicion because the agent's interest and the principal's collide. When the agent is authorized to lend the principal's money at interest, his duty is to find a borrower and place the money on the best terms for the principal. If the agent could quietly take the money himself, he would be on both sides: deciding, as the principal's agent, to lend to himself, as borrower — with every incentive to favour the borrower he happens to be. That is the classic conflict the law of agency guards against. So the agent cannot borrow the principal's money without the principal's consent.

For principal and agent

If you authorized an agent to lend your money and he wants to take some himself, he needs your consent first — and you should give or withhold it knowing all the terms. Do not assume he may help himself just because he handles the money. If you are the agent, do not borrow the principal's money you were told to lend out without asking; doing so exposes you to a conflict-of-interest breach even if the terms were fair. When authority to borrow lets you be the lender, keep it at the current rate. In both directions, transparency and, where required, consent are what keep the dealing clean.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.