Mandantemandatário

Mandantemandatário is a term used to describe the relationship created by a mandate in civil law, outlining the dynamics between the mandante (the principal who grants authority) and the mandatário (the agent who acts on behalf of the principal). The mandatário accepts the authority to perform acts in the name and for the interests of the mandante, within the scope defined by the mandate.

In this relationship, the mandante is the party that entrusts the power to act, while the mandatário is the person who exercises that power. The mandatário has a fiduciary duty to act in good faith, to perform within the limits of the authority granted, and to account for any funds or assets received in the course of the mandate. The acts carried out by the mandatário, when within scope, bind the mandante toward third parties.

The scope and limits of the mandate can be explicit, implicit, or established by customary practice. If the mandatário acts beyond the authorized powers, they may become personally liable to the mandante or to third parties, depending on the circumstances. The mandante, in turn, can revoke the mandate or ratify acts already performed, which may alter the liability landscape.

Termination of the mandate occurs upon completion of the entrusted acts, revocation, withdrawal, revocation of authority, or the death or incapacity of either party, subject to any ongoing duties or settlements. The mandantemandatário framework is used in many civil law jurisdictions, including Portugal and Brazil, and forms the basis for the legal responsibilities of both principal and agent in matters ranging from commercial transactions to legal representation.