Mandact — The Trust Layer of the Agent Economy

Law & liability

Swiss CO Art. 32 ff.: why Swiss agency law is ready for agents

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The Swiss Code of Obligations has recognised agency since 1911: whoever acts in another's name with authority binds the person represented (Art. 32 CO). The provision is technology-neutral — it asks about authorisation and recognisability, not about the nature of the representative.

The translation

The mandate documents the authorisation (scope, limits, term) in a machine-verifiable way; the presentation makes acting in another's name recognisable; the verification receipt documents that the counterparty checked the authorisation — the diligence on which protection of good faith rests.

Commercial agency (Art. 462)

For commercial dealings, Art. 462 CO defines commercial agency with a scope presumed by law — the model for industry-standard mandate templates with clear default limits.

A deliberate limit

Where the law requires a form — such as written form or a qualified signature — the action catalogue lists the action as prepare_only: the agent prepares, the human signs (QES). Contracts without form requirements (contract.sign) an agent may conclude within its mandate; the limit is then set by the mandate, not by the law. This distinction is legal hygiene, not a missing feature.

Key takeaway

The Code of Obligations needs no agent update — agents need an evidence format fit for it. That is exactly what the mandate is.

Try it yourself

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