Extract
[...] La jurisprudence adds as a criterion for qualifying the mandate the ' grant of a power by the mandator to the mandatary to conclude legal acts on his behalf » (Com May 1965, n°60-11.866), as well as the necessity of acceptance of the mandate by the mandatary, which can be deduced from the beginning of execution of his mission. In this case, the qualification of the mandate contract is imposed. It is observed that Mr. Smith, the mandator, granted to Mr. [...]
[...] ) the mandataries, the goods they are charged with selling ». The jurisprudence precisely states that "the prohibition on buying provided for by this provision applies as soon as the mandate, whether it is only an intermediary, has as its object the sale of a good » (Civ. 1he April 1983, n°82-11.121). In this case, the agent is well charged, in addition to client prospecting, with the sale of the sneaker collection. In this, it is personally forbidden to him to acquire the thing of which he has the mandate to sell without neglecting article 1596 of the Civil Code, this same without opposition from the principalCiv. [...]
[...] The formal notice to pay sent by the subcontractor to the main contractor must also be copied to the owner so that he can withhold the remaining payments due to the main contractor (Civ. 3ème January 1996, n°94-11.637). Thus, the SCI will have to pay the subcontractors to avoid them taking direct action against it. Nevertheless, it has no obligation to pay subcontractors it has not accepted. As for the others, to receive payment, they will have to put the contractor on formal notice with the production of the debt, and send a copy to the project manager. [...]
[...] Thus, the knowledge of unapproved subcontracting companies by the contractor is constitutive of a fault by the latter if he does not put the main contractor in default to regularize them, continuing to make payments to the main contractor, the subcontracting companies can turn to the contractor for compensation for the damages suffered. Note that in a regularization objective, this notice remains possible before the end of the execution of the services. II. Payment of the contractor following the judicial liquidation of the entrepreneur. To recall, a judicial liquidation procedure has been opened against investor Mr. Murat. However, he has only made a partial payment to the subcontractors and SCI Béton, the main contractor, has not paid the full price to the entrepreneur. [...]
[...] 1he December 1960, Bull civ n°573). It is even specified that « the mandator is not entitled to oppose to the substituted agent the payments made by him to the agent » (Com March 1991, n°89-17.267). A note the reinforcement of these provisions for the protection of the substituted agent since the appearance of the Loi Hoguet of 2 January 1970. In this case, The substituted agent, who performs this mission gratuitously, has managed to sell the collection of sneakers. In accordance with the aforementioned provisions and jurisprudence, he is undoubtedly entitled to request reimbursement of his advances and expenses from the principal. [...]
