Louisiana Civil Code

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TITLE XV - REPRESENTATION AND MANDATE

 

CHAPTER 1 - REPRESENTATION

Art. 2985. A person may represent another person in legal relations as provided by law or by juridical act. This is called representation. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 2986. The authority of the representative may be conferred by law, by contract, such as mandate or partnership, or by the unilateral juridical act of procuration. [Amended by Acts 1871, No. 87; Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 2987. A procuration is a unilateral juridical act by which a person, the principal, confers authority on another person, the representative, to represent the principal in legal relations.

The procuration may be addressed to the representative or to a person with whom the representative is authorized to represent the principal in legal relations. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 2988. A procuration is subject to the rules governing mandate to the extent that the application of those rules is compatible with the nature of the procuration. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

 

CHAPTER 2 - MANDATE

SECTION 1 - GENERAL PRINCIPLES

Art. 2989. A mandate is a contract by which a person, the principal, confers authority on another person, the mandatary, to transact one or more affairs for the principal. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 2990. In all matters for which no special provision is made in this Title, the contract of mandate is governed by the Titles of "Obligations in General" and "Conventional Obligations or Contracts". [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 2991. The contract of mandate may serve the exclusive or the common interest of the principal, the mandatary, or a third person. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 2992. The contract of mandate may be either onerous or gratuitous. It is gratuitous in the absence of contrary agreement. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 2993. The contract of mandate is not required to be in any particular form.

Nevertheless, when the law prescribes a certain form for an act, a mandate authorizing the act must be in that form. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 2994. The principal may confer on the mandatary general authority to do whatever is appropriate under the circumstances. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 2995. The mandatary may perform all acts that are incidental to or necessary for the performance of the mandate.

The authority granted to a mandatary to perform an act that is an ordinary part of his profession or calling, or an act that follows from the nature of his profession or calling, need not be specified. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 2996. The authority to alienate, acquire, encumber, or lease a thing must be given expressly. Neither the property nor its location need be specifically described. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 2997. Authority also must be given expressly to:

(1) Make an inter vivos donation, either outright or to a new or existing trust or other custodial arrangement, and, when also expressly so provided, to impose such conditions on the donation, including, without limitation, the power to revoke, that are not contrary to the other express terms of the mandate.

(2) Accept or renounce a succession.

(3) Contract a loan, acknowledge or make remission of a debt, or become a surety.

(4) Draw or endorse promissory notes and negotiable instruments.

(5) Enter into a compromise or refer a matter to arbitration.

(6) Make health care decisions, such as surgery, medical expenses, nursing home residency, and medication. [Amended by Acts 1981, No. 572, §1; Acts 1990, No. 184, §1; Acts 1992, No. 304, §1; Acts 1997, No. 261, §1, eff. Jan. 1, 1998; Acts 2001, No. 594, §1]

Art. 2998. A mandatary who represents the principal as the other contracting party may not contract with himself unless he is authorized by the principal, or, in making such contract, he is merely fulfilling a duty to the principal. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 2999. A person of limited capacity may act as a mandatary for matters for which he is capable of contracting. In such a case, the rights of the principal against the mandatary are subject to the rules governing the obligations of persons of limited capacity. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3000. A person may be the mandatary of two or more parties, such as a buyer and a seller, for the purpose of transacting one or more affairs involving all of them. In such a case, the mandatary must disclose to each party that he also represents the other. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]