Actio mandati
The actio mandati was a Roman action for the surrender of what was obtained by the management from a contractual relationship ( mandatum ), comparable to today's German claim from Section 667 of the German Civil Code .
The agent (mandate) was obliged to fulfill the accepted order as instructed in the interests of the client (client). What was obtained from the execution was to be returned to the client. The actio madati directa was available for this. A conviction resulted in infamy (loss of civil honor). Conversely, the client had to reimburse the agent for his expenses and any damage he may have suffered, actionable against the actio mandati contraria . In terms of content, it is comparable to the German claim for reimbursement of expenses from § 670 BGB .
Contract relationships in Rome testified to high standards of loyalty and honor. Violations of loyalty were based on a liability standard that ranged from intent ( dolus ) to gross negligence ( culpa lata ) to slight negligence ( culpa levis ). In particular, the procurator , who exercised arbitrary representation in Roman private law , was liable for slight negligence . Since the creditor in turn instructed the procurator to assert his claim against the debtor in the process ( mandatum ad agendum ), the actio mandati could also be directed against him.
Individual evidence
- ↑ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 256-259.
- ^ Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 111.
