A mandate or power of attorney is an act by which one person gives another the power to do something for and on behalf of the principal. The contract is formed only by the acceptance of the agent.
The mandate may be given by deed or by private document, even by letter. It may also be given orally, but testimonial evidence of it is received only in accordance with the title “Of contracts or conventional obligations in general”. Acceptance of the mandate may be only tacit and result from the execution given to it by the mandatary.
The mandate is free of charge if there is no agreement to the contrary.
It is either special and for a case or certain cases only, or general and for all the principal’s cases.
The mandate conceived in general terms embraces only acts of administration. If it involves alienation or hypothecation, or some other act of ownership, the mandate must be express.
The agent cannot do anything beyond what is carried in his mandate: the power to compromise does not contain the power to compromise.
An unemancipated minor may be chosen as a mandatary; but the principal will have action against him only according to the general rules relating to the obligations of minors.
The mandatary is bound to perform the mandate for as long as he remains in charge of it, and is liable for any damages that may result from his non-performance. He is likewise bound to complete the thing begun on the death of the principal, if there is peril in the house.
The mandatary is liable not only for fraud, but also for the faults he commits in his management. Nevertheless, liability for faults is applied less rigorously to one whose mandate is gratuitous than to one who receives a salary.
Every agent is bound to render an account of his management, and to account to the principal for all that he has received by virtue of his power of attorney, even if what he would have received had not been due to the principal.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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