Mandate (contract)

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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

  1. a b Heinrich Honsell : Roman law . 6th edition. Springer, Berlin / Heidelberg / New York 2006, § 53.