Lastgeving
Mandate
A mandate is a contract under which the mandatary undertakes to perform legal acts for the account of the mandator. It is governed by Article 7:400 of the Dutch Civil Code.
Mandate is a special type of contract under the Civil Code by which the mandatary, pursuant to a mandate, performs legal acts in the name of the mandator. The mandator is the party granting the mandate, and the mandatary carries it out. This may, for example, involve entering into contracts or managing affairs.
The relevance of mandate lies in its being a commonly used structure for representation without an employment contract or other relationship in place. In practice, mandate is frequently used by notaries, lawyers or estate agents acting on behalf of clients. It is distinguished from a power of attorney in that mandate rests on a contractual basis.
“The client gave the attorney a mandate to conclude a settlement with the opposing party on his behalf.”
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