Mandate (Powers of Attorney) and Representation Flashcards

Under Louisiana Civil Code, what is a mandate?

Answer: A contract by which a person confers authority on another to transact affairs on the principal's behalf

A mandate is a contract of representation where the principal authorizes the mandatary to act on their behalf.

What is the difference between a general mandate and a special mandate in Louisiana law?

Answer: A general mandate covers all affairs; a special mandate covers specific transactions

A general mandate authorizes the mandatary to handle all affairs, while a special mandate is limited to specific matters.

Under Louisiana law, when does a mandate terminate?

Answer: Upon death or interdiction of either party, revocation by the principal, renunciation by the mandatary, or expiration of the term

Mandate terminates by several causes including death, interdiction, revocation, renunciation, or expiration.

What is a procuration in Louisiana notarial practice?

Answer: A written power of attorney authorizing someone to act on another's behalf

A procuration is a formal written instrument granting power of attorney.

Can a mandatary appoint a substitute (sub-mandatary) in Louisiana?

Answer: Yes, unless the principal has expressly prohibited substitution

A mandatary may appoint a substitute unless the principal has prohibited it, but remains responsible.

What special requirements apply to a mandate for the donation of immovable property in Louisiana?

Answer: The mandate must expressly authorize the donation and must be in authentic act form

The mandate must match the formality of the act it authorizes.