For mandating the

Posted by / 04-Jun-2020 18:54

For mandating the

should voluntarily intend to enter into the contract. First, that there should exist something which should be the matter of the contract; secondly, that it should be done gratuitously; and thirdly, that the parties. But this principally applies to cases where the mandate remains wholly unexecuted; for if it be in part executed, there may in some cases, arise a personal obligation on the part of the representatives to complete it. It may be dissolved by the mandatary at any time before he has entered upon its execution; but in this case, as indeed in all others, where the contract is dissolved before the act is done which the parties intended, the property bailed is to be restored to the mandator. It may be dissolved by the death of the mandatory; for, being founded in personal confidence, it is not presumed to pass to his representatives, unless there is some special stipulation to that effect. A mandate might be issued upon the decision of an appeal, which directs that a particular action be taken, or upon a disposition made of a case by an inferior tribunal.

Whenever the trust is of a nature which requires united, advice, confidence and skill of all, and is deemed a joint personal trust to all, the death of one joint mandatary dissolves the contract as to all. So, if the mandator sells the property, it ceases upon the sale, if it be made known to the mandatory. By the civil law the contract of mandate ceases by the revocation of the authority. From the very term of the definition, three things are necessary to create a mandate. It may be verbal or in writing; it may be express or implied it may be in solemn form or in any other manner.

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