Mandatum
idea · 3 works · 5 mentions · 8 anchored passages
Mandate · Agency · Commission or Agency · agency · contract of Agency · mandate · mandati iudicium · mandatum
in the texts
Institutes of Roman Law
The consensual contract of agency, whose action (actio mandati) compels an adstipulator or paying surety to account to the principal.
He can sue as well as the stipulator, and payment to him discharges the debtor as well as payment to the stipulator, but whatever he recovers, the action of mandate compels him to hand over to the stipulator.
They further resemble in this, that whoever pays for the principal can recover the amount from him by action of mandate.
The rule of the Civil law that a Formal contract by Stipulatio could only be concluded between principals—between persons covenanting in their own names, was an impediment in the way of commerce which was met, as we have already stated, by a double use of a Consensual contract, which will presently be examined, the contract of Agency (mandatum).
Ancient Law
The Roman contract of agency or commission.
We now reach the fourth class, or Consensual Contracts, the most interesting and important of all.
Lectures on the Early History of Institutions
Roman contract of agency, compared to the representation of a Paterfamilias by son or slave.
Let us turn again to the contract of Mandatum or Agency.