Analysis of Judgment No. 10479 of 2024: Agent's Obligations and Burden of Proof

The recent order No. 10479 of April 17, 2024, issued by the Court of Cassation, offers important insights regarding the agent's obligations in the event of an action for an accounting. The judgment clarifies that, in the case of an onerous mandate, the agent has the burden of proving not only the amount and cause of disbursements but also of providing all elements useful for evaluating their performance. This aspect is crucial for understanding the responsibilities and obligations arising from the mandate contract.

The Regulatory Context

According to articles 1710-1716 of the Civil Code, a mandate is a contract through which one party (the agent) undertakes to perform one or more legal acts in favor of another party (the principal). The judgment in question emphasizes that when the agent is sued in an action for an accounting, they must comprehensively demonstrate the correctness of their management. This includes:

• Proof of the amount and reason for disbursements made.
• Details on the methods of executing the assignment.
• Evaluation of the results achieved in relation to the pursued objectives.
• Adherence to the criteria of good administration and conduct.

The Guiding Principle

Action for an accounting against the agent - Burden of proof lies with the agent. In the context of an onerous mandate, the agent sued with an action for an accounting must provide proof not only of the amount and reason for disbursements but also of all factual elements concerning the methods of executing the assignment that are useful for evaluating their performance, in relation to the pursued objectives, the results achieved, and the criteria of good administration and conduct prescribed by articles 1710 - 1716 of the Civil Code.

This guiding principle highlights the importance of the agent's evidentiary duty and clarifies that it is not sufficient to merely justify expenses, but rather a complete picture of their performance must be provided. This approach aligns with the general principle of the burden of proof established by article 2697 of the Civil Code, according to which whoever wishes to assert a right in court must prove the constitutive facts of that right.

Conclusions

Judgment No. 10479 of 2024 serves as an important reminder for all parties involved in mandate contracts. It clarifies that an agent, to protect themselves from potential disputes, must be able to provide detailed and transparent documentation regarding their activities. This not only protects their interests but also ensures more responsible and professional management, in line with the principles of good administration provided for by the regulations. In an increasingly complex context like the current one, clarity and transparency in contractual relationships prove essential to avoid conflicts and misunderstandings.