Die verhouding tussen 'n klient, sy regsverteenwoordigers en derde partye
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Date
2001
Authors
Bobbert, M. C. J.
Journal Title
Journal ISSN
Volume Title
Publisher
Faculty of Law, University of the Free State
Abstract
English: The development of the contract of mandate (mandatum) between a client and his
attorney as well as his advocate is discussed. Reference is also made to
representation. The core of the client’s privity of contract with other parties consists
of mandate and representation. Customs and usages are not referred to in this
article. Other key concepts are also discussed. Delegation of authority is however the
focus point and is based on consensual relations. There are two agreements which
must show the intention to create privity of contract (a) the mandate between client
and attorney and (b) the mandate between the attorney and other parties. A case
study is given the facts of which are used to analyse the legal relationship between
the following parties: the client, his country and city attorneys, his advocate and also
a third party who is a debtor of the client.
Afrikaans: The development of the contract of mandate (mandatum) between a client and his attorney as well as his advocate is discussed. Reference is also made to representation. The core of the client’s privity of contract with other parties consists of mandate and representation. Customs and usages are not referred to in this article. Other key concepts are also discussed. Delegation of authority is however the focus point and is based on consensual relations. There are two agreements which must show the intention to create privity of contract (a) the mandate between client and attorney and (b) the mandate between the attorney and other parties. A case study is given the facts of which are used to analyse the legal relationship between the following parties: the client, his country and city attorneys, his advocate and also a third party who is a debtor of the client.
Afrikaans: The development of the contract of mandate (mandatum) between a client and his attorney as well as his advocate is discussed. Reference is also made to representation. The core of the client’s privity of contract with other parties consists of mandate and representation. Customs and usages are not referred to in this article. Other key concepts are also discussed. Delegation of authority is however the focus point and is based on consensual relations. There are two agreements which must show the intention to create privity of contract (a) the mandate between client and attorney and (b) the mandate between the attorney and other parties. A case study is given the facts of which are used to analyse the legal relationship between the following parties: the client, his country and city attorneys, his advocate and also a third party who is a debtor of the client.
Description
Keywords
Contract of mandate, Client’s privity, Third parties
Citation
Bobbert, M. C. J. (2001). Die verhouding tussen'n klient, sy regsverteenwoordigers en derde partye. Journal for Juridical Science, 26(2).