Contract of mandate in Roman and Turkish Law

Contract of mandate in Roman law is called mandatum. Mandatum (contract of mandate) is a voluntarily kind of contract that is undertaken by the procurator that has taken the responsibility to carry out a task which belongs to the third person or to the principal in a gratuitous way. In the Turkish Law, contract of mandate is held in the first separation of Chapter 9 which refers to "mandate relations" in Turkish Code of Obligations. According to clause 502/1 in Turkish Code of Obligations "Contract of mandate is a contract which is undertaken by the proxy to carry out the task or to serve the purpose of the principal. There are two sides, as well in contract of mandate just as in the other contracts. One of the contractors is called the principal and the other one is called as a procurator. In Roman Law, principal refers to mandator/mandans and procurator refers to mandatarius. The trials stemming from the contract of mandate, in Roman Law, was expressed as "actio mandati". The case which is sued by principal is actio mandati directa, and the case which is sued by procurator is actio mandati contraria. The expire of contract of mandate was arranged in clause 512-514 in Turkish Code of Obligations. One of the expiration terms of the contract in these clauses, while the either one of the principal or procurator is to terminate the contract unilaterally; the other, in consequence the death or the bankruptcy of the one of the parties is the end of contract of mandate. Keywords: Mandate, Contract of Mandate, Mandatum, Roman Law, Procurator, Principal.