Cap. 16 Art. 1886Termination of mandate.

(1) Mandate is terminated -

(a) by the revocation of the procuration;

(b) by the death, the interdiction or the incapacitation, whether general or special, from entering into contracts, the declaration of bankruptcy, or the cessio either of the mandator or of the mandatary; bonorum

(c) by the termination of the powers of the mandator;

(d) by the expiration of the time during which the mandate was to continue;

(e) by the renunciation on the part of the mandatary: Provided that:

(i) in the case of the termination of a mandate whereby the mandatory, being a physical person, has been empowered to transfer immovable property on behalf of the mandator or where the mandate is one of a general nature given between physical persons, such termination may be notified by the mandator or by any other person having an interest in the mandate to the Chief Notary to Government who will enter the particulars of such termination in a register held by him for the purpose and which shall be accessible to the public during office hours; and

(ii) the Minister shall have the power to issue regulations to establish an electronic register where the registration of mandates and their termination may be made and to establish such formalities, fees and applicable procedures for registration in the said electronic register and to regulate access to the said register.

(2) An irrevocable mandate by way of security shall not terminate upon the events stated in sub-article (1) and shall continue to be binding on, or continue for the benefit of, the heirs or liquidator (or similar officer) of the mandator, or of the mandatary, or the creditor if a different person, in accordance with its terms. Neither shall such an irrevocable mandate terminate on such events when they occur in relation to a mandatary who is a different person than the creditor in whose favour the mandate has been granted.

(3) The creditor whose interests are secured through the mandate, or his heirs, or liquidator (or similar officer), may appoint a substitute to act as mandatary, including himself, or may apply to the Court of voluntary jurisdiction to make such appointment.