Von mandatum zum Bevollmächtigungsvertrag

Abstract

The contract of authorization in the Austrian civil code (ABGB) is based on the mandatum of Roman law, but differs from it in two crucial points: First, the ancient mandatum was a necessarily gratuitous transaction. Within a contract of authorization, on the other hand, the parties can either agree on a remuneration for the representative or not. Second, the ancient manda‐tum was a form of indirect agency, while the power of attorney contract can lead to direct agency. This article examines how these two differences evolved in the drafting of the Austrian civil code.