mandantes

Mandantes are the principals in a mandate contract, a legal arrangement in civil-law systems where one person authorizes another to perform acts on the principal’s behalf. The mandante grants the authority to a mandatário (the agent) to act in the mandante’s name and for their benefit, within the scope defined by the mandate or by applicable law.

A mandate is a contract that can be entered into for gratuitous or remunerated purposes. The mandatário must follow the instructions given by the mandante and act in good faith, with care and diligence appropriate to the task. The mandate confers the power to bind the mandante in the acts authorized by the mandate; the legal effect of those acts normally rests with the mandante, not the mandatário, provided the mandatário operates within the granted authority.

Duties and liability are central to the relationship. The mandante is obliged to compensate the mandatário as agreed and to reimburse reasonable expenditures incurred in carrying out the mandate. The mandatário owes duties of loyalty and prudence; if the mandatário acts outside the authority or negligently, they may be liable to the mandante and, in some cases, to third parties for damages. The mandante’s liability for the mandato’s acts generally depends on whether the acts were within the scope of authority.

Termination occurs upon fulfillment of the mandate, revocation by the mandante, termination by the mandatário if permitted, or by death or incapacity of either party, subject to any completed acts and to statutory rules. The concept of mandantes is closely related to notions of representation and agency in civil law, and it is distinct from other forms of representation such as powers of attorney, which are often governed by separate instruments and rules.