What are the obligations of the mandatary? | ScriptaLegal
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Frequently asked questions > Asset protection > Personal documentation > What are the obligations of the mandatary?

What are the obligations of the mandatary?

The mandatary is required to fulfill the mandate which he has accepted. He must necessarily act with caution and diligence.

He must also act with honesty and loyalty in the best interest of the mandator and avoid placing himself in a situation of conflict between his personal interest and that of his mandator.

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As an example:

  • The mandatary cannot use to his advantage the information which he obtains or the property which he is in charge of administering in the execution of his mandate, unless the mandator has agreed to it;
  • The mandatary cannot be a party, even through a third party, to an act which he has agreed to conclude on behalf of his mandator, unless he is otherwise authorized.

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