Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

OBLIGATIONS 451
723 A mandatary who exceeds his powers is also bound
unless he gives the person with whom he has contracted
sufficient knowledge of this.
724 A mandatary who does something alone which he was
entrusted to do jointly with another is presumed to have
exceeded his powers.
725 A mandatary is deemed not to have exceeded his powers
if he has executed his mandate in a manner more advantageous
to the mandator than that agreed to.
726 A mandatary may agree with a third party to disclose
the identity of his mandator within a fixed period.
If the mandatary fails to do so, he is personally bound.
He is also bound if the mandator whose identity he so
discloses is insolvent or under a protective regime.
Section III
Obligations of mandators
§ - 1 Obligations of the mandator towards the mandatary
727 The mandator is bound to indemnify the mandatary for
the obligations contracted by the mandatary towards third
parties within the limits of his mandate, and for the acts
exceeding those limits when the mandator has ratified them.
728 The mandator is bound to reimburse the mandatary for
advances and reasonable expenses made by him in executing
the mandate, and to pay him the remuneration to which he is
entitled.
If no fault is imputable to the mandatary, the sums must
be paid even when the business has not been successfully
concluded.