" rhe mandate can he gi\en h\ an 'acre authentique"' or h\' an act under seal or e\ en by letter. It can also he giv en \ erhalh’ hut its et identiar\’ proof is accepted onlv in conformity with the title 'On contracts and con\entional agreements in general.'" d'c^gether the two paragraphs of the code make little sense, hut Arntz e.xplains. 'The original pro\ ision proposed in the C'onseil d' lAat began: "Mandate must he in writing." d acit mandates were to he e.xcluded. But the IVihunat insisted on changing the first part of the prox ision, hence there was no reason for our second paragraph. Bur hv inadxerrence it was maintained.''' I'inalK’ on mandate, another word from .Vrntz. Mandate, he saws, is hv nature gratuitous, hut not in essence. Issues arise usualK’, he tells us, when the mandate is remunerated. And he gi\ es as examples of remunerated mandates: ser\ ices of an adx'ocate or attorney.' . Irtes IihemIt'S again! Law casts long shadows, often surrealisticalh’. Beginnings and early dev elopment cast particularly long shadows. I wish to conclude this chapter with one more example from the IVench etnie civil: delict and quasi-delict. The articles of the cot/c civil i:?82-i:;cS6 on the suhiect ha\e been much praised, and ha\e also been much copied h\' other states, yet with regard to the standard of liahilitx for injurx' are e.xceptionalK’ confused.''' The cause of the confusion is that the articles are historically based tin French response to Roman law that was in large measure rejected. I will deal here only with two aspects of this confusion. 35 'Acte authentique' is a document with legal force deriving from the authority of the person responsible for drafting it. 36 Cours, p. 153. 37 Cours, p. 155. 38 See Watson, Evolution, pp. ii4ff. 80
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