Einde inhoudsopgave
Draft Common Frame of Reference
IV. D. — 1:102 Definitions
Geldend
Geldend vanaf 01-01-2009
- Redactionele toelichting
De dag van de datum van afkondiging is gezet op 01. De datum van inwerkingtreding is de datum van afkondiging.
- Bronpublicatie:
01-01-2009, Internet 2009, ec.europa.eu (uitgifte: 01-01-2009, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-01-2009
- Bronpublicatie inwerkingtreding:
01-01-2009, Internet 2009, ec.europa.eu (uitgifte: 01-01-2009, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Civiel recht algemeen (V)
EU-recht / Bijzondere onderwerpen
Internationaal privaatrecht / Algemeen
In this Part
- (a)
the ‘mandate’ of the agent is the authorisation and instruction given by the principal as modified by any subsequent direction;
- (b)
the ‘mandate contract’ is the contract under which the agent is authorised and instructed to act, and any reference to the mandate contract includes a reference to any other juridical act by which the agent is authorised and instructed to act;
- (c)
the ‘prospective contract’ is the contract the agent is authorised and instructed to conclude, negotiate or facilitate, and any reference to the prospective contract includes a reference to any other juridical act which the agent is authorised and instructed to do, negotiate or facilitate;
- (d)
a mandate for direct representation is a mandate under which the agent is to act in the name of the principal, or otherwise in such a way as to indicate an intention to affect the principal's legal position;
- (e)
a mandate for indirect representation is a mandate under which the agent is to act in the agent's own name or otherwise in such a way as not to indicate an intention to affect the principal's legal position;
- (f)
a ‘direction’ is a decision by the principal pertaining to the performance of the obligations under the mandate contract or to the contents of the prospective contract that is given at the time the mandate contract is concluded or, in accordance with the mandate, at a later moment;
- (g)
the ‘third party’ is the party with whom the prospective contract is to be concluded, negotiated or facilitated by the agent;
- (h)
the ‘revocation’ of the mandate of the agent is the recall by the principal of the mandate, so that it no longer has effect.