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This Concept Map, created with IHMC CmapTools, has information related to: 04 4 Mandatum, Later common that compensation given in form of honorarium which is money, but not payment for service where Initially honorarium not enforceable, but later could use cognitio extraordinatia (not a normal civil action, but w/ extraordinary transaction), 2) Mandatum tua gratia: mandatee may not benefit (must hand over) ie Any kind of instruction that would only favour only one doing it can't be enforceable mandate (advice), but could have mandate partly in favour of mandatee e.g. instruct B to loan money to C (B and C get benefit), Imperfectly bilateral, but here bc duties are not equal with Duties of mandatee (enforced by actio mandati directa), Normal risk of life (shipwreck or illness) depends on whether you'd have incurred damages but for mandate and 2) Duty of care is culpa levis, Could not be impossible, immoral or illegal and Had to be gratuitous and based on values of faithfulness, duty and friendship, Cannot cede rights in modern sense, but can give mandate to B to institute actions on his behalf and If A and B agree, the condemnatio (order) that is given at end of proceedings will be in B's name, MANDATUM (MANDATE) is An agreement ito which the mandatee undertakes to gratuitously perform a commission on request of the mandator, MANDATUM (MANDATE) with Duties of mandator (enforced with actio mandati contraria), Reciprocal in that everyone has rights and duties but Mandator has more duties than mandatee, An agreement ito which the mandatee undertakes to gratuitously perform a commission on request of the mandator which Could be a factual thing like cleaning someone's clothes or legal thing like standing surety, Effect is the same as surety and Called mandatum pecuniae credendae or mandatum qualificatum, MANDATUM (MANDATE) with fields of application in Cession, Surety where ->A instructs B to loan money to C -> Mandate between A and B and mutuum between B and C -> If C doesn't pay, A must compensate B for losses ito mandate, Not the same as cession, but result is the same bc B is getting money ito the debt but Not true cession bc C can still decide whether he wants to pay money to A or B and not obliged to pay B bc B instituted action, Differs from other surety in that Good faith action and if B is tardy or negligent in instituting claim claim, then A is freed from paying, Any kind of instruction that would only favour only one doing it can't be enforceable mandate (advice), but could have mandate partly in favour of mandatee e.g. instruct B to loan money to C (B and C get benefit) & 3) Duty of care depends on benefit getting: either dolus or culpa levis if getting honorarium, Called mandatum pecuniae credendae or mandatum qualificatum and Differs from other surety, If paterfamilias would have filius familias (son) or slave act as manager of estate, then they have no money of their own and C can claim directly from A with actiones adiecticiae qualitatis (actio institoria and actio ad exemplum institoriae), C can claim directly from A with actiones adiecticiae qualitatis (actio institoria and actio ad exemplum institoriae) but Not direct representation bc it only worked one way (A will not have direct claim against C), Wasn't completely without compensation as could give a thank you like bottle of wine and Later common that compensation given in form of honorarium which is money, but not payment for service