Civil Code mandate agreement template
Asking a friend or relative to take care of something for you, free of charge or for a fee, under the Slovak Civil Code
This document rests on a fixed pattern prepared by Paragrafo; it is not a law firm template. Its wording is not written by AI, only the details from the form are filled in. For a non-standard situation we recommend a solicitor.
Law in force as at
Príkazná zmluva
- I. Príkazca
- II. Príkazník
- III. Predmet zmluvy
- IV. Vykonanie príkazu
- V. Odmena a náklady
- VI. Zánik zmluvy
Under a mandate agreement the mandatary undertakes to obtain something or carry out another activity for the principal. It fits everyday situations between people: someone handles a matter at a public office for you, supervises a flat repair or collects parcels.
The mandatary is entitled to a fee only if one was agreed or is customary, especially given the mandatary's profession. The principal reimburses necessary and useful expenses incurred in carrying out the mandate, even if the result did not materialise.
On its own the mandate agreement does not authorise the mandatary to act on the principal's behalf. To sign or perform other legal acts for the principal, the mandatary needs a power of attorney stating the scope of the authority.
Who needs this document
- Someone abroad who asks an acquaintance to supervise a flat renovation
- A parent who asks an adult child to handle matters at public offices
- A neighbour who looks after a house and garden for a fee while the owner is away
- A company that asks a private individual to handle a one-off matter
What the document must contain
- Precise identification of the principal and the mandatary
- Exactly what the mandatary will obtain or do
- Whether the mandate is free of charge or for what fee
- How expenses are reimbursed and whether the principal pays an advance
- The scope of the power of attorney if the mandatary is to act on the principal's behalf
Legal basis
Občiansky zákonník (Civil Code)
Governs the mandate agreement, the mandatary's duties, reimbursement of expenses and damage, the fee, termination and representation under a power of attorney.
Most common mistakes
A mandate without a power of attorney
The mandate agreement on its own does not authorise the mandatary to perform legal acts on the principal's behalf. Anyone who is to sign for another person needs a power of attorney stating its scope, in writing where the act itself requires written form.
A fee nobody mentioned
If no fee was agreed and none is customary, the mandatary is not entitled to one. When a fee is to be paid, its amount and due date belong in the agreement.
A mandatary who sends someone else
The mandatary must carry out the mandate personally. If it is entrusted to someone else without permission and the substitute was not strictly necessary, the mandatary is liable as if acting personally; with the principal's permission or where the substitute was strictly necessary, only for fault in choosing the substitute.
Revocation without compensation
The principal may revoke the mandate agreement, but must reimburse the mandatary's expenses incurred until revocation, the damage suffered and, for a paid mandate, the part of the fee corresponding to the work done.
A mandate agreement between businesses
If a business arranges a commercial matter for another business for a fee, it is a commercial mandate agreement under the Commercial Code, not a Civil Code mandate.
Frequently asked questions
What is the difference from a commercial mandate agreement?
A commercial mandate agreement is governed by the Commercial Code and the agent arranges a commercial matter for a fee. The Civil Code mandate agreement may also be free of charge.
Must the mandate agreement be in writing?
The Civil Code does not require written form for a mandate agreement. A power of attorney, however, must be given in writing if the legal act is to be made in writing or if it does not concern just a specific legal act.
Who pays the expenses?
The principal. Unless agreed otherwise, the principal provides reasonable funds in advance on request and reimburses necessary and useful expenses, even if the result did not materialise.
Civil Code mandate agreement for your business
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