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القانون المدنى الألمانى صدر فى 18/8/1896 تناول الأحكام الخاصة بعقد الوكالة فى 13 مادة

Title 12

Mandate and contract for the management of the affairs of another

Subtitle 1

Mandate

Section 662

Typical contractual duties in a mandate

By accepting a mandate, the mandatary agrees to carry out a transaction entrusted to him by the mandator for the mandator gratuitously.

Section 663

Duty to notify when rejecting

A person who is officially appointed to perform certain transactions or who has publicly offered to do so is obliged, when he does not accept a mandate to perform such transaction, to notify the mandator of the refusal without undue delay. The same applies if someone has offered to perform certain transactions in regard to the mandator.

Section 664

Non-transferability; liability for assistants

(1) In case of doubt the mandatary may not transfer the performance of the mandate to a third party. If the transfer is permitted, then he is only liable for fault in connection with the transfer. He is liable under section 278 for fault on the part of an assistant.

 (2) In case of doubt, a claim to the performance of the mandate is not transferable.

Section 665

Deviation from instructions

The mandatary is entitled to deviate from the instructions of the mandator if he may assume in the circumstances that the mandator would approve of such deviation if he were aware of the factual situation. The mandatary must make notification to the mandator prior to such deviation and must wait for the decision of the latter unless postponement entails danger.

Section 666

Duty of information and duty to render account

The mandatary is obliged to provide the mandator with the required reports, and on demand to provide information on the status of the transaction and after carrying out the mandate to render account for it.

Section 667

Duty to return

The mandatary is obliged to return to the mandator everything he receives to perform the mandate and what he obtains from carrying out the transaction.

Section 668

Interest on money spent

If the mandatary spends money for himself that he must return to the mandator or spend for the mandator, then he is obliged to pay interest on it from the time of spending onwards.

Section 669

Duty of advance payment

For expenses necessary to perform the mandate, the mandator must upon demand make advance payment to the mandatary.

Section 670

Reimbursement of expenses

If the mandatary, for the purpose of performing the mandate, incurs expenses that he may consider to be necessary in the circumstances, then the mandator is obliged to make reimbursement.

Section 671

Revocation; termination

 (1) The mandate may be revoked by the mandator at any time and may be terminated by the mandatary at any time.

 (2) The mandatary may only give notice in such a manner that the mandator can make other arrangements for the transaction to be carried out, unless there is a compelling reason for premature termination. If he gives premature notice of termination without such a compelling reason, then he must compensate the mandator for the damage thus incurred.

 (3) If there is a compelling reason, then the mandatary is entitled to terminate the mandate even if he has waived the right of termination.

Section 672

Death or incapacity to contract of the mandatory

In case of doubt, a mandate is not extinguished by the death or incapacity to contract of the mandator. If the mandate is extinguished, then, if postponement entails danger, the mandatary must continue to carry out the transaction transferred until the heir or the legal representative of the mandator can make other arrangements for the transaction to be carried out; to this extent, the mandate is deemed to continue.

Section 673

Death of the mandatary

In case of doubt, the mandate is extinguished on the death of the mandatary. If the mandate is extinguished, then the heir of the mandatary must notify the mandator of the death without undue delay and, if postponement entails danger, must continue carrying out the transaction entrusted to him until the mandator can make other arrangements for the agency business; in this respect, the mandate is deemed to continue.

Section 674

Legal fiction of continuation

If the mandate is extinguished in any other way than by revocation, then it is still deemed to continue for the benefit of the mandatary until the mandatary obtains knowledge of the extinction or ought to have knowledge.