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Legal Definitions - mandatum

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Definition of mandatum

In legal terms, a mandatum refers to a specific kind of arrangement where one person temporarily entrusts their property to another person, who agrees to perform a service related to that property without expecting any payment in return.

Essentially, it's a favor involving someone else's belongings. The person who owns and gives the property is called the bailor, and the person who receives the property and performs the service is called the bailee. A key characteristic of a mandatum is that the service performed by the bailee is solely for the benefit of the bailor.

  • Example 1: Caring for a Pet

    Imagine you are going on vacation and ask your friend to look after your dog for a week. Your friend agrees to feed, walk, and care for your dog without you paying them for their time or effort. Here, your dog is the "goods" (property), you are the bailor, and your friend is the bailee. The service is pet care, performed without recompense, and it primarily benefits you, the owner, by ensuring your dog is looked after while you're away.

  • Example 2: Delivering a Package

    Suppose you have an important document that needs to be delivered across town, but you are unable to do it yourself. You ask a colleague who is heading in that direction if they would mind dropping off the document for you, and they agree to do so as a favor, not expecting any payment for the delivery service. In this scenario, the document is the "goods," you are the bailor, and your colleague is the bailee. The act of delivering the document is the service, performed freely, and its benefit is entirely for you, the sender of the document.

  • Example 3: Storing Furniture During a Move

    A friend is moving to a new apartment but has a gap of a few days between vacating their old place and moving into the new one. They ask if they can store a few boxes of their belongings and a small piece of furniture in your garage for that interim period, and you kindly agree to keep them safe until they can pick them up. Here, the boxes and furniture are the "goods," your friend is the bailor, and you are the bailee. The service you provide is temporary storage and safekeeping, done without any charge, and it directly benefits your friend by providing a secure place for their items during their move.

Simple Definition

Mandatum, in Roman and civil law, describes a type of bailment where a person (the bailee) agrees to perform a service related to goods for another (the bailor) without receiving any payment. This arrangement is exclusively for the benefit of the bailor, who entrusts the goods for the agreed-upon service.

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