Mandate Contracts ( Principles of European Law )

Publication series ：Principles of European Law

Author： Díaz Odavia Bueno;Loos Marco B. M.  

Publisher： sellier european law publishers‎

Publication year： 2012

E-ISBN: 9783866539709

Subject： D91 Legal departments;D923.6 Contract Law of the Peoples Republic of China

Keyword： 法学各部门,合同法,法律

Language： ENG

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Disclaimer: Any content in publications that violate the sovereignty, the constitution or regulations of the PRC is not accepted or approved by CNPIEC.

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.

Chapter

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

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