A. Concept
In Roman law, the mandatum is a contract to perform a task. The contractor (the mandatary) undertakes to the client (the mandator) to perform a service for the latter free of charge (Dig. 17,1; Cod. Iust. 4,35; Gai. Inst. 3,155-162; Inst. Iust. 3,26); if, on the other hand, a wage (merces) is agreed for the service, then an ordinary contract for a task or service ( locatio conductio operis or operarum) arises.
The mandatum is a consensual contract ( consensus ), and thus arises by means of…