Portal de Periódicos da CAPES

Contrato de Mandato

2004; Volume: 4; Issue: 6 Linguagem: Inglês

10.15600/2238-1228/cd.v4n6p97-100

2238-1228

Jorge Shiguemitsu Fujita,

Comparative International Legal Studies

The aim of this paper is to define what a mandate is. Mandate is a contract by which a person (mandatary) receives from another (mandator) powers to act or administer interests in his/her name. The power of attorney is the instrument of a mandate. With origins around the final of the Republican period in Rome, the mandate differs from agency, commission and service rendering in that its nature is of a typical contract, which may be gratuitous or onerous, unilateral or bilateral, intuitu personae, consensual and not solemn. Articles 653 to 692 of the Civil Code of 2002 cover not only their general provisions but also the rules regarding the obligations of mandatary and mandator, substitution, power of attorney in one’s own interest, and forms of mandate termination. For the judicial mandate, the civil legislator determined the incidence of civil procedure rules, supplemented by the Civil Code rules.