The mandatary must execute the mandate with care, act honestly and in good faith, and avoid any conflict of interest. The mandatary must:

  • keep the mandator informed about the progress of the mandate when asked to do so by the mandator or as circumstances require;
  • notify the mandator as soon as the task has been accomplished, and hand over any money or documents received on the mandator’s behalf.


The mandatary must perform the mandate personally, unless the mandator has given authorization to seek assistance.

In unforeseen circumstances, however, the mandatary may be forced to get help and delegate duties, in which case the mandatary is responsible for the actions of any person providing assistance.

If the mandator has specifically stated that the mandatary may seek assistance, the mandatary is responsible only for the care used in selecting a substitute and giving instructions.

In all cases, the mandator can seek redress from the person chosen by the mandatary as a substitute.

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