Mandate

Agreement

According to Article 1984 of the Civil Code, “the mandate or power of attorney is an act by which one person gives another the power to do something for the principal and on his behalf”.

The franchise agreement cannot be qualified as a mandate agreement insofar as the franchisee acts in its own name but on its own behalf. Mandate contracts may nevertheless be found in a franchise system, particularly in the context of financial franchises (see definition below).

Regarding the commission contract, the qualification of mandate is dangerous insofar as the commission contract is a mandate contract without representation. Indeed, the commission agent acts in its own name but on behalf of the principal, and representation is one of the essential elements of the mandate contract. With regard to third parties, the commission agent does not represent the principal and is therefore directly engaged for his actions. However, between the parties, the rules of the mandate apply again.