5. Agent acting for his own account
a. Pricing and commission
1 Unless otherwise instructed by the principal, a commission agent instructed to buy or sell goods, bills of exchange or other securities with a quoted exchange or market price is entitled, in his own capacity as seller, to deliver the goods he is instructed to buy or, in his own capacity as buyer, to purchase the goods he is instructed to sell.
2 In both cases, the commission agent must account for the exchange or market price that applied at the time the instruction was executed and is entitled to both the usual commission and reimbursement of the expenses normally incurred in commission business.
3 In other respects the transaction is treated as a contract of sale.
3. Droit de rétention
Le commissionnaire a un droit de rétention sur les choses formant l’objet du contrat, ou sur le prix qui a été réalisé.