Mandate Contracts
Published on 17. December 2012
XXXIV, 549 pages
978-3-86653-970-9 (ISBN)
Description
In the context of the harmonisation of European contract law this is a hot topic: The new volume of the Principles of European Law deals with mandate contracts, i.e. contracts whereby an agent concludes a contract with a third party for the benefit of a principal. The Principles of European Law on Mandate Contracts do not only mirror the provisions on these contracts in the Draft Common Frame of Reference (DCFR), but also contain a more comprehensive explanation of these provisions. Moreover, they provide details on the functioning of mandate contracts in the laws of the Member States. Thus, the principles are conducive to advance the process of Europeanisation of private law.
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Marco B.M. Loos | Odavia Bueno Díaz
Mandate Contracts
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12/2012
1st Edition
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Persons
Odavia Bueno Díaz (LL.M. Leuven) studied law at the University of Salamanca (Spain). At present she works as a Ph.D.-researcher at the Universiteit van Amsterdam.
Content
- Intro
- Text of Articles
- Principles of European Law on Mandate Contracts
- General Introduction
- Chapter 1: General provisions
- Article 1:101: Scope
- Article 1:102: Definitions
- Article 1:103: Duration of the mandate contract
- Article 1:104: Revocation of the mandate
- Article 1:105: Irrevocable mandate
- Chapter 2: Main obligations of the principal
- Article 2:101: Obligation to co-operate
- Article 2:102: Price
- Article 2:103: Expenses incurred by the agent
- Chapter 3: Performance by the agent
- Section 1: Main obligations of the agent
- Article 3:101: Obligation to act in accordance with mandate
- Article 3:102: Obligation to act in interests of principal
- Article 3:103: Obligation of skill and care
- Section 2: Consequences of acting beyond mandate
- Article 3:201: Acting beyond mandate
- Article 3:202: Consequences of ratification
- Section 3: Mandate normally not exclusive
- Article 3:301: Exclusivity not presumed
- Article 3:302: Subcontracting
- Section 4: Obligation to inform principal
- Article 3:401: Information about progress of performance
- Article 3:402: Accounting to the principal
- Article 3:403: Communication of identity of third party
- Chapter 4: Directions and changes
- Section 1: Directions
- Article 4:101: Directions given by the principal
- Article 4:102: Request for a direction
- Article 4:103: Consequences of failure to give a direction
- Article 4:104: No time to ask or wait for direction
- Section 2: Changes of the mandate contract
- Article 4:201: Changes of the mandate contract
- Chapter 5: Conflicts of interests
- Article 5:101: Self-contracting
- Article 5:102: Double mandate
- Chapter 6: Termination by notice other than for non-performance
- Article 6:101: Termination by notice in general
- Article 6:102: Termination by the principal when relationship is to last for indefinite period or when mandate is for a particular task
- Article 6:103: Termination by the principal for extraordinary and serious reason
- Article 6:104: Termination by the agent when relationship is to last for indefinite period or when it is gratuitous
- Article 6:105: Termination by the agent for extraordinary and serious reason
- Chapter 7: Other grounds for termination
- Article 7:101: Death of the principal
- Article 7:102: Death of the agent
- Annexes
