The mandate a contract by which one person, the principal, gives the other, the agent, the power to do something on his behalf and in his name
The mandate or power of attorney is governed by articles 1984 to 2010 of the Civil Code.
The attorney is also called proxy in the civil code and the mandate is also called power of attorney.
The essence of the agency contract is that the attorney represents the principal . The acts that the agent performs commits the principal by making him debtor of the person who has dealt with the agent, whereas on the contrary the agent is not bound in any capacity whatsoever. The only acts which can be the subject of this representation are legal acts, to the exclusion of material acts which cannot give rise to a mandate.
The Civil Code envisaged the mandate primarily as a voluntary act and therefore free. The mandate has since developed as a professional and commercial mandate.
NATURE OF THE MANDATE
FORM OF THE MANDATE
OBLIGATIONS OF THE REPRESENTATIVE
THE REPRESENTATIVE OBLIGATIONS OF
THE MANDATE END OF THE MANDATE
The mandate implies a strong relationship of trust which implies an obligation of loyalty which is double, an obligation of loyalty of the agent and an obligation of loyalty of the principal.
The violation of this trust is sanctioned by the breach of trust: v. Mandate and breach of trust