대리와 위임

Representation and Mandate - with a focus on the reform of the general law of representation in France

Representation and mandate have something in common that makes them act for others and their legal effects occur to others. Representation and mandate are often incorporated into one contract. There are many different forms of work to be entrusted to others and to be entrusted to others. The current representation and mandate have not emerged since the first such phenomenon took place a long time ago. Gradually, as the legal system was reorganized and the law developed theoretically, the legal method of substituting other people s work and attribution of its legal effect to themselves was also evolved. Representation and mandate seem to overlap in some ways, and in some ways they do not seem to match each other And the legal meaning and scope of the system varies from period to period and from country to country in the present era. Generally, representation and mandate are provided in a contract. On a cyclical basis, representation has successively been detached from the mandate, integrated into the core mandate. They are developed as theories and the legal system developed. Today, it is again on the trend of looking at it separately. In particular, the French Civil Act, which has long been entrusted to civil law enforcement, introduced general regulations on the representation through contracts in the form of orders in 2016, distinguishing representation and mandate as it did in Korean civil law. The ordinance introduces a general law of representation into the Civil Code, which is a novelty. This general law is largely inspired by the system of agency contracts which is the archetype of representation. The mandate articles that inspired these new provisions are reproduced. The order does not abrogate these sections, which remain applicable to the agency. They regulate both perfect and imperfect representation. They also deal with the scope of powers and the sanction of default or overstepping of powers and parties in opposition of interest. They reintroduce interactive action. In short, the agency is responsible for the important function of handling other people s affairs in terms of legal conduct and in terms of contracts dealing with the harmonization of legal conduct, thereby expanding and supplementing private autonomy.