Louisiana Civil Code

Table of Contents (Download PDF)

SECTION 4 - TERMINATION OF THE MANDATE AND OF THE AUTHORITY OF THE MANDATARY

Art. 3024. In addition to causes of termination of contracts under the Titles governing "Obligations in General" and "Conventional Obligations or Contracts", both the mandate and the authority of the mandatary terminate upon the:

(1) Death of the principal or of the mandatary.

(2) Interdiction of the mandatary.

(3) Qualification of the curator after the interdiction of the principal. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3025. The principal may terminate the mandate and the authority of the mandatary at any time. A mandate in the interest of the principal, and also of the mandatary or of a third party, may be irrevocable, if the parties so agree, for as long as the object of the contract may require. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3026. In the absence of contrary agreement, neither the contract nor the authority of the mandatary is terminated by the principal's incapacity, disability, or other condition that makes an express revocation of the mandate impossible or impractical. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3027. Until filed for recordation, a revocation or modification of a recorded mandate is ineffective as to the persons entitled to rely upon the public records. [Amended by Acts 1882, No. 19; Acts 1981, No. 303, §1; Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3028. The principal must notify third persons with whom the mandatary was authorized to contract of the revocation of the mandate or of the mandatary's authority. If the principal fails to do so, he is bound to perform the obligations that the mandatary has undertaken. [Amended by Acts 1882, No. 19; Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3029. The mandate and the authority of the mandatary terminate when the mandatary notifies the principal of his resignation or renunciation of his authority. When a mandatary has reasonable grounds to believe that the principal lacks capacity, the termination is effective only when the mandatary notifies another mandatary or a designated successor mandatary. In the absence of another mandatary or a designated successor mandatary, the termination is effective when the mandatary notifies a person with a sufficient interest in the welfare of the principal. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998. Amended by Acts 2014, No 356, §2, eff. Aug. 1, 2014]

Art. 3030. The mandatary is bound to complete an undertaking he had commenced at the time of the principal's death if delay would cause injury. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3031. If the mandatary does not know that the mandate or his authority has terminated and enters into a contract with a third person who is in good faith, the contract is enforceable. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Art. 3032. Upon termination of the mandate, unless this obligation has been expressly dispensed with, the mandatary is bound to account for his performance to the principal. [Acts 1997, No. 261, §1, eff. Jan. 1, 1998]

Arts. 3033-3034. [Blank]