Mandatum
Mandate
Mandatum is a contract under Roman law whereby the mandatary is instructed to perform a juristic act in the name and for the account of the mandator.
In Roman law, mandatum constituted a consensual contract founded on mutual trust between the parties. The mandatary was obliged to perform the mandate to the best of his ability, without any remuneration being required, although remuneration later became customary.
This institution has exerted considerable influence on the modern Dutch law of mandate in Book 7 of the Civil Code. In practice, the term continues to be employed regularly in legal literature and discourse to denote the historical origins of mandate, particularly in matters relating to powers of attorney and representation.
“The notary invoked the seller’s mandate to execute the deed.”
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