1896de Book2 Chapter07 Title10

GERMAN CIVIL CODE OF 1896

• Based on the English Translation by: Wang, Chung Hui (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on Archive.org]

BOOK II. Law of Obligations.

Chapter VII. Particular Kinds of Obligations.

Title X. Mandate.

Section 662.

• By the acceptance of a mandate the mandatary binds himself gratuitously to take charge of an affair for the mandator entrusted to him by the latter.

Section 663.

• A person who is publicly appointed or has publicly offered himself for the charge of certain kinds of affairs is bound, if he does not accept a mandate relating to such affairs, to notify the mandator of his refusal without delay. The same rule applies if a person has offered himself to the mandator for the charge of certain kinds of affairs.

Section 664.

• [I] In case of doubt the mandatary cannot transfer the execution of the mandate to a third party. If the transfer is permitted, he is responsible only for fault imputable to him in making such transfer. For the fault of an assistant he is responsible under 278.
• [II] In case of doubt the claim for execution of the mandate is not transferable.

Section 665.

• A mandatary is entitled to deviate from the instructions of his mandator if, under the circumstances, he can assume that the mandator would approve of the deviation if he had knowledge of the state of affairs. Before making any such deviation the mandatary shall give notice to the mandator and await his decision, unless there is danger in delay.

Section 666.

• The mandatary is bound to give the mandator all necessary information; on demand to make a statement of the condition of the affair; and to render an account after the execution of the mandate.

Section 667.

• A mandatary is bound to hand over to his mandator all that he receives for the execution of the mandate and all that he obtains from the charge of the affair.

Section 668.

• If the mandatary spends money, for his own benefit, which he has to account to the mandator or to spend for him, he is bound to pay interest upon it from the time of spending.

Section 669.

• The mandator shall on demand make advances to the mandatary for the expenses necessary for the execution of the mandate.

Section 670.

• If, for the purpose of the execution of the mandate, the mandatary inours any outlay which he can regard as necessary under the circumstances, the mandator is bound to reimburse him.

Section 671.

• [I] A mandate may be revoked at any time by the mandator, and terminated by notice at any time by the mandatary.
• [II] The mandatary can give notice only in such manner that the mandator can make other arrangements for the charge of the affair, unless a grave reason exists for the improper notice. If he gives improper notice without such reason, he shall compensate the mandator for any damage arising therefrom.
• [III] If a grave reason exists the mandatary is entitled to give notice even though he has waived the right to do so.

Section 672.

• In case of doubt a mandate is not extinguished by the death of the mandator, nor by his becoming incapable of disposing. If the mandate is extinguished, and if there is danger in delay, the mandatary shall continue the charge of the affair entrusted to him until the heir or the statutory agent of the mandator can make other arrangements; the mandate is to such extent deemed to be continuing.

Section 673.

• In case of doubt a mandate is extinguished by the death of the mandatary. If the mandate is extinguished, the heir of the mandatary shall, without delay, notify the mandator of the death, and shall, if there is danger in delay, continue to take charge of the affair until the mandator can make other arrangements; the mandate is to such extent deemed to be continuing.

Section 674.

• If a mandate is extinguished otherwise than by revocation, it is, nevertheless, deemed to be continuing in favour of the mandatary until he knows or ought to know of its extinction.

Section 675.

• The provisions of 663, 665 to 670, 672 to 674 and, if the person bound has the right to give notice without observance of any term of notice, the provisions also of 671, par. 2, apply mutatis mutandis to a contract for service or a contract for work which has for its object the charge of an affair.

Section 676.

• A person who gives advice or a recommendation to another is not bound to compensate for any damage arising from following the advice or the recommendation, without prejudice to his responsibility resulting from a contract or an unlawful act.