Mandact — The Trust Layer of the Agent Economy

Law & liability

German Civil Code §§ 164 ff.: the German perspective

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German agency law (§§ 164 ff. BGB) requires the agent's own declaration of intent, acting in another's name and power of representation. For AI agents the debate centres on attribution — and that is exactly where the mandate supplies the missing documentation layer.

Attribution via authority

Prevailing practice attributes software declarations to the person who deploys the system with a defined margin of discretion (the «computer declaration»). The more precisely the margin is documented, the clearer the attribution — constraints are therefore a technique of attribution, not just of risk.

§ 167: form of granting authority

Granting authority is in principle not subject to form — the machine-readable mandate with identity-anchored granting more than meets the requirements and at the same time solves the evidentiary problem of § 167 that plagues paper mandates.

Apparent and tolerated authority

Where verified mandates are standard, the room for apparent authority shrinks: whoever accepts without verify can rely less easily on the appearance of authority — an economic incentive to check, not just a legal one.

Key takeaway

German doctrine plus a machine-readable mandate: attribution turns from a legal-opinion topic into a database lookup.

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