Agency agreement

“Le mandat ou procuration est un acte par lequel une personne donne à une autre le pouvoir de faire quelque chose pour le mandant et en son nom”

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.