sax s, "Mandate is gratuitous it there is no eontrarx’ agreement." But then, the essence ot maiuiatumis gone, d'he Dalloz Code Civil records, "Mandate is presumed to he paid in taxdr ot persons xvhose professsion is to Ixusx’ themselx es xx ith the affairs of another." I loxx does this difter from hire ot lahor.^ 1 see here a surx ix al ot the Roman notion ot artes lihcrulcs. But then, the general agent ot an insurance eompany xvlio is salaried is normally the mandatorx’ of the companx', and in general nothing prex ents him trom being the mandatorx’ also of the insured person." We are here only at the beginning ot the problems xx ith 'mandat' in f rench laxx. 1 preter to quote k.h.n. .\rnt/, as an authoritx’: Mniidare is a consensual and unilateral contract by which one person (the 'inandant'l yi\ es to another who accepts (the 'niandataire') the power to represent him to ellect in his name a ludicial act. The definition ot article 19X4 that declares: "Mandate or procuration is an act b\ which one person pi\es to another the power to do something tor the mandator and in his name," is too \ague. It does not include the essential element ot mandate, which is to make a legal act for someone, to stipulate or j>romi.se tor him.''* Issues arise. Lnlike Roman laxx, fVench laxx has the mandatorx' alxvavs acting to perform a legal act for another. And he acts in the name of the mandator. I'he transaction is that of his principal. But the phrasing of article 1984 reflects its origin in Roman laxx’. Bur .\rntz goes on to tell us a great deal more that is significant for understanding laxx and legal dexelopment. .\rricle lyiS-r has a second paragraph: " The acceptance of the mandate max’ be onlx' tacit, and result fromthe e.xecurion gix en bx’ the mandatorx'." This folloxx s: 33 See the note in Dalloz to article 1984. 34 Cours de Droit Civil francais, 4, 2d ed., (Brussels, Paris, 1880), p. 152. 'Acte authentique' is a document with legal force deriving from the authority of the person responsible for drafting it. 79
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