V. A mandate is ended

1. By the death of the mandatarius, "integro mandato" (see p. 1):

2.

By the death of the mandator, "integro
mandato" and with knowledge on the part
of the mandatarius :

but this rule was of necessity inapplicable to
mandates which were intended to be exe-
cuted after the death of the mandator :
and to cases where the death of the man-
dator was unknown to the mandatarius,
for although the mandate was thus re-
voked the actio mandati still subsisted.
3. By revocation on the part of the mandator,
"integro mandato:"

4. By renunciation on the part of the mandatarius, 66 integro mandato:"

5. By the fulfilment becoming impossible, without fault of the mandatarius:

VI. The proper remedies for a breach of
mandate are the actio directa em-
ployed by the mandator against the
mandatarius, and the actio contraria
employed by the mandatarius against
the mandator.

But other actions may be concurrent
in special cases.

22.8:26.5 35:

-7:

36. 1: 45.6.

8. 8: 10. 12:

26. 8: 27. 4: 29: 48. pr.: 50. 1: 51: 52: 56.

37.

4.

28:38:45. pr.

-3 and 5.

The actions directa and contraria are 41: 49: 62.
as a rule conexistent; but it is not

pr.

impossible for one to be available mandatarius treatis um moovel.com Thien Trees her own.

whilst the other is not.

VII. The actio directa is granted to any
mandator who, either on his own
account or as an agent, delegates
business: for it is to be noted that
although an agent ad litem could
not delegate his functions, the con-
trary was the rule with regard to
agents in general.

The action may be brought either
before or after having recourse to
other remedies, if the latter do not
fully satisfy the mandator's claims.
In a case of joint-agency, the actio
directa may be brought against either
agent in solidum.

56. pr.: 60.
pr.

60. 2.

If the judgment goes against the agent 8.9: 44.
on the ground of his fraud, he be-
comes infamous (C. 4. 35. 21), and
the circumstances amounting to fraud
are named in the text.

"Mandati constitutum est judicium non
minus turpe quam furti." Cic. pro
Rosc. Amerino, XXXVIII.

When the mandatarius is a filiusfami-
lias or slave, the mandator can either
proceed de peculio against the father
or master, or, if the son or slave has
departed from potestas, can sue either
of them personally.

VIII. The actio contraria can always be
brought by an agent who has conform-
ed strictly to the terms of his mandate:
or has done something which the
law regards as precisely equiva-
lent;

but is not available when a different

thing has been done, even though
it be more advantageous to the
mandator.

61.

3. 1: 5: 12.
5 and 7.

45.

46:

4:
47.
I: 56.

I: 62. pr.
and I.

5. 2: 36. 2
and 3: 41.

If the agent performs part of his man-
date, he has the actio contraria in re-
spect of what he has done: if he does
something additional, he has the action
for what he was commissioned to do.
But the last rule only applies when the
warranted and unwarranted part of
his proceedings can be perfectly se-
parated:

and as to the unwarranted acts he
has not usually even the actio
negotiorum gestorum.
D. 3. 5.

31. 4.
When the mandatarius is alieni juris,
the action can be brought by his
paterfamilias or master; and this too
even when the latter was out of pos-
session at the time when the mandate
was given.
In the case of a joint-mandate the
mandatarius can sue the mandators
either jointly or severally in solidum.
When an agent delegates business to a
sub-agent, the latter cannot look be-
yond his own mandator, and therefore
brings the actio contraria mandati
against the first agent.

IX. Although a mandate is gratuitous, and
therefore no promised honorarium can
be recovered by actio contraria: yet
provision is made in a rescript of
Severus and Antoninus for the exaction
of a stated honorarium by extraor-
dinary proceedings before the Pro-
vincial Governor (C. 4. 35. 1); but
an indefinite promise, salarium in-
certae pollicitationis, was absolutely
worthless. (C. 4. 35. 17-)

5. 5: 33.

3: 4: 22. pr. and I: 59.

6.

12. 5 and 6: 22.9.

59. 3: 60. 2.

21: 53.

56.3

MANDATI VEL CONTRA.

D. 17. I.

1. PAULUS libro trigensimo secundo ad edictum. Obligatio mandati consensu contrahentium consistit. (1.) Ideo per nuntium quoque uel per epistulam mandatum suscipi potest. (2.) Item siue rogo' siue 'uolo' siue 'mando' siue alio quocumque uerbo scripserit, mandati actio est. (3.) Item mandatum et in diem differri et sub condicione contrahi potest. (4.) Mandatum nisi gratuitum nullum est: nam originem ex officio atque amicitia trahit, contrarium ergo est officio merces: interueniente enim pecunia res ad locationem et conductionem potius respicit.

1. Paulus. The obligation of mandate is created by consent of the parties. 1. Therefore a mandate may be undertaken even through a messenger or by letter. 2. Moreover there is an action of mandate, whether the expression used in the letter be rogo, volo, mando or any other whatever. 3. A mandate, again, may be arranged for fulfilment at a future day, or made conditionally. 4. A mandate, unless gratuitous, is null and void; for it originates in good will and friendship: a reward therefore is inconsistent with mere good will, since by the introduction of money the business becomes more akin to a letting and hiring'.

1 But the mandatarius may provide for his own security by tak

ing pledges or otherwise. C. 4. 35.

8.

2. GAIUS libro secundo rerum cottidianarum. Mandatum inter nos contrahitur, siue mea tantum gratia tibi mandem, siue aliena tantum, siue mea et aliena, siue mea et tua, siue tua et aliena. Quod si tua tantum gratia tibi mandem, superuacuum est mandatum et ob id nulla ex eo obligatio nascitur. (1.) Mea tantum gratia interuenit mandatum, ueluti si tibi mandem, ut negotia mea geras uel ut fundum mihi emeres uel ut pro me fideiubeas. (2.) Aliena tantum, ueluti si tibi mandem, ut Titii negotia gereres uel ut fundum ei emeres uel ut pro eo fideiubeas. (3.) Mea et aliena, ueluti si tibi mandem, ut mea et Titii negotia gereres uel ut mihi et Titio fundum emeres uel ut pro me et Titio fideiubeas. (4.) Tua et mea, ueluti si mandem tibi, ut sub usuris crederes ei qui in rem meam mutuaretur. (5.) Tua et aliena, ueluti si.tibi mandem, ut Titio sub usuris crederes quod si, ut sine usts crederes, aliena tantum gratia interuenit mandatum. (6.). Tua autem gratia interuenit man

:

2. Gaius. The contract between us is mandate, whether I give you a commission for my own benefit only, or for a stranger's only, or for my own and a stranger's, or for my own and yours, or for yours and a stranger's. But if I give the commission for. your benefit alone, the mandate is superfluous', and therefore no obligation arises from it. 1. A mandate is merely for my own benefit when, for instance, I commission you to transact my business, or to buy land for me, or to become my surety. 2. It is merely for a stranger's benefit when, for instance, I commission you to transact the business of Titius, or to buy land for him, or to become his surety. 3. It is for my own benefit and a stranger's when, for instance, I commission you to transact the business of Titius and myself, or to buy land for Titius and me, or to become surety for Titius and me. 4. It is for your benefit and mine when, for instance, I commission you to lend money at interest to a person who is borrowing it on my behalf. 5. It is for your benefit and a stranger's when, for instance, I commission you to lend to Titius at interest: but if I (commission you) to lend without interest, the mandate is for the stranger's benefit only. 6. And a mandate is merely for your interest

The reason for this statement is given in the concluding words of §.6 of the excerpt.