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La responsabilité civile du mandataire

Abstract : According to Savatier: 'the representative's liability would appear to be the logical consequence of its function'. Underlining the importance of the representative's civil liability, given the widespread use of agency agreements. The recent evolution of the agency agreement in its conception as regard the content's. It is interesting to note how the practice relating to agent's liability, has changed even though the text has remained the same in the code civil. Thus the study demonstrates, first the desire to protect the person who gives the order by way of imposition of civil liability of the agent representative more severe for the professional representative in three respects: the acceptance of a liability based on subjective criteria, and exceptionally objective, thus any contractual responsibility. The constant objective being the protection of the third party: the case law admitting the tortious liability of the representative, even when outside implied powers. But, 'something is not necessarily what it should be' (Le Tourneau's formula). Thus the contractual liability of the representative towards the thirds party could be the desirable common law rule.
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Submitted on : Tuesday, April 24, 2018 - 4:10:06 PM
Last modification on : Monday, May 17, 2021 - 3:39:44 PM

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  • HAL Id : tel-01777062, version 1



Ferdinand Ouedraogo. La responsabilité civile du mandataire. Droit. Université Nancy 2, 1991. Français. ⟨NNT : 1991NAN20008⟩. ⟨tel-01777062⟩



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