Mandate and Representation – Representation defined

Mandate and Representation – Representation defined

Art. 2985. Representation. A person may represent another person in legal relations as provided by law or by juridical act. This is called representation.

Art. 2986. The authority of the representative The authority of the representative may be conferred by law, by contract, such as mandate or partnership, or by the unilateral juridical act of procuration.

Revision Comments – 1997 (a) In the Louisiana Civil Code of 1870, the words “power of attorney,” “letter of attorney,” “mandate,” “procuration,” and “agency” were used interchangeably. However, each of these words also has a technical meaning that differentiates one from another. Following the legislative technique employed in modern civil codes, in this revision, the word “mandate” applies exclusively to the “contract of mandate,” whereby a person, called principal, authorizes another person, called man­datary, to transact an affair on behalf of the principal. The word “agency” has not been used in this revision, in an effort to prevent confusion with the common-la-w institution of agency. The words “letter of attorney” and “power of attorney” in the Louisiana Civil Code of 1870 are a translation from the French “procuration.” These words connote a unilateral juridical act whereby a person, called principal, confers authority on another person to represent him in legal relations. Thus, a person may have authority to represent another person by virtue of a contract of mandate or by virtue of a unilateral juridical act.