The contract of mandate in civil law

Abstract

The Institute of Mandate, similarly to other Civil Law Institutes has its foundations laid out in Roman Law. It has found its way into the legal systems of several countries which have relied extensively in so far as Civil Law is concerned on the Institutes which were found in Roman Law. The Institute of Mandate has basically retained its original function as an institute which served as a means by which one person performed one or more acts on behalf of another. However due to the modification or rather the elimination of certain rigid formulae of contracting which were found in Roman Law, the Institute of Mandate has developed under modern legal systems a further dimension which was not found under Roman Law, the element of representation, which in certain systems such as the French system, is considered to be a basic element of the Contract. Basically however the legal principles which regulate the institute of Mandate can be traced back to Roman Law.