Opdracht

A mandate is a special type of contract governed by Book 7, Title 7.4 of the Civil Code (Articles 7:400 et seq. CC). The mandatary undertakes to perform a service, while the mandator is in principle obliged to pay remuneration, unless the nature of the contract or the relationship between the parties provides otherwise.

This regime is distinguished from an employment contract by the absence of any relationship of authority, with the mandatary working independently as a rule. The mandate also differs from a contract for work in that the emphasis lies not on the achievement of a result but on the efforts to be rendered.

In practice, mandates are frequently encountered with service providers such as lawyers, notaries, accountants and consultants. Clear arrangements regarding the scope of the services, the fee and liability are essential to avoid subsequent disputes.