Mandate (contract)
Under mandatum ( Latin order , manum dare " to shake hands") one understands in Roman law a free consensual contract . The mandate has to perform an activity for the client.
Subject of the contract
All permitted activities, whether of a factual or legal nature, come into consideration as the subject of the mandatum contract . In contrast to the locatio conductio , the mandatum is always free of charge and was therefore the standard contract for the artes liberales . These higher-level services could at best be provided for a voluntary honorary salary (the Latin honorarium ); the compulsory paid provision, however, was considered dishonorable in republican times. A change, at least in legal practice, did not occur until the imperial era: Formally, a fee for the mandatum was not legally enforceable, but an extraordinary procedure was allowed, the extraordinario cognitio.
See also
literature
- Heinrich Honsell : Roman law . 6th edition. Springer, Berlin / Heidelberg / New York 2006, ISBN 978-3-540-28118-4 , § 53.
- Tobias Rundel: Mandate between utilitas and amicitia: Perspectives on mandate liability in classical Roman law . LIT, Münster 2005, ISBN 3-8258-8997-1 .
Individual evidence
- ↑ a b Heinrich Honsell : Roman law . 6th edition. Springer, Berlin / Heidelberg / New York 2006, § 53.