La fin du mandat

Normaly, the mandate ends when the lawyer considers that he or she has satisfactorily managed and completed the case and rendered all the services to which he or she had committed to the client.

As an extraordinary case, article 404 of the Swiss Code of Obligations provides that “the mandate may be revoked or repudiated at any time”. Thus, the mandate agreement may be revoked by each party, lawyer or client, at any time, regardless of any reason, i.e. without having to justify itself in any way, taking care, however, to avoid that it is in “inappropriate time”, in which case compensation could be claimed by the injured party, as provided for in paragraph 3 of the same article. However, the “victim” party of an inappropriate revocation is only entitled to compensation if he or she has not breached his or her contractual obligations or provided his contractual party with a reason for the termination. In addition, it is up to him to prove that this untimely termination caused him damage that requires compensation.

Due to the highly personal nature of the mandate, here are the other extraordinary cases for which the mandate contract may end:

  1. the death of one of the parties, a situation to which the dissolution of a legal person must be assimilated;
  2. the incapacity of one of the contracting parties, as soon as it loses the exercise of its civil rights;
  3. the bankruptcy of one of the contracting parties.
However, these last three extraordinary cases do not automatically terminate the mandate, since it is common for the parties to decide that the mandate will continue, for example with the heirs. In addition, the firm’s power of attorney agreements provide that these circumstances do not terminate the mandate.

At the end of the mandate, it is imperative that the client pays the fees due for the services provided by the lawyer in accordance with the contract.

©legalus.ch – mai 2019 – pierre.serge.heger@legalus.ch