Mandate Notes

In: Business and Management

Submitted By daviiiiiid
Words 1699
Pages 7
MANDATE
Mandate =Representation;
Many types of mandate; lawyer; corporate directors;
Mandate=Agency
Mandator=principal
Mandatary=Agent
2130 C.C.Q. Definition
Mandator: Grants powers to represent him;
Mandatary:
Receives power to represent;
Must accept the powers and then must exercise the functions or duties
Power of attorney:
Refers to the document or the power itself

2131 C.C.Q. May have different objectives
Accomplishment of an act: i.e. sign a document or transaction on behalf of mandator;
Administer all or part of the patrimony of mandator: i.e. administer a building or business or even all his assets while away;
Assure physical or moral well being in the event of incapacity; administer patrimony in the event of incapacity

2132 C.C.Q.:Acceptance:
Express (in writing)
Tacit: presumed from:
Acts accomplished;
Even silence (i.e. reception of assets to care for and doing nothing)

2133 C.C.Q.

Gratuitous: for free
No payment
This is presumed between natural persons
Onerous: for a fee
Presumed for a professional mandate
I.e. lawyer, trust company

2134 C.C.Q.

The contract may state remuneration. Failing which, by usage or law (Court may set)

2135 C.C.Q.
Special mandate:
For A particular or specific act
General mandate:
All the mandator’s patrimony
This confers only powers of simple administration unless express powers are specified. i.e. sell property
Incapacity:
confers powers of full administration

2136 C.C.Q.
Mandate includes all powers necessary to fulfill duties.
Powers are inferred by the nature of the mandate even if not expressly mentioned
All acts incidental to powers granted and necessary for performance
Ex.: Administration of building: Major repairs which occur may require getting a loan to pay for them

2137 C.C.Q.
Professionals
In their case, all powers which are ordinary part of that…...

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