commettant

Commettant is a term used in French civil law to designate the party that commissions another person to perform tasks or services on its behalf. It refers to the principal or appointing party in a contract of mandate or agency, with the person entrusted to act typically described as the commetté or mandataire. The commettant authorizes a scope of action and expects the agent to carry out the instructions through the contract.

Origin and usage: The word derives from the French verb commettre, to commit or entrust. It appears in historical and doctrinal legal writings and describes a specific principal–agent relationship. In contemporary practice, the more common language for such relationships is mandat (mandate); however, commettant can still be found in certain texts, formal formulations, or jurisdictions influenced by traditional French civil law, including some references in Louisiana law.

Liability and duties: The commettant is typically liable for the acts of the commetté performed within the authority granted. In many formulations, the commettant must indemnify the commetté for authorized expenses and ensure that actions stay within the defined scope of the mandate. The commetté bears duties of fidelity, diligence, and obedience to instructions, while acting in the name or interest of the commettant.

Contexts and scope: The concept is often discussed in relation to commissions, procurement, or agency arrangements where one party hires another to solicit or procure goods or services. In modern French law, these relationships are usually described using mandat and mandatary terminology, with commettant appearing mainly in historical, doctrinal, or translated contexts. The term thus remains a descriptive, rather than a frequently used, label in many jurisdictions.