In short
The Civil Code of 2020 starts from something that surprises many: Article 1408 says, in a single line, that the mandate is presumed onerous. That is, whoever acts for another is presumed to charge, unless otherwise agreed. Article 1409 settles how much where no price was discussed: it is determined by the tariffs of the mandatary’s trade or profession or, failing those, by usage, and failing both, by the court. The Code refers to those tariffs without reproducing any, and this guide publishes no figures either. Article 1410 places eight obligations on the principal: supply the mandatary with the means necessary to execute the mandate; pay them the agreed price; pay, on the mandatary’s demand, the expenses reasonably incurred to execute it; indemnify them for the damages suffered, not attributable to them, caused by the execution; release them from the obligations validly assumed with third parties; immediately notify them of the revocation of the mandate; react, within a reasonable time, to the reports and notices received during execution; and examine and accept or protest the final accounts rendered by the mandatary within thirty days of their being rendered — once that period expires, the account is considered accepted. That last subsection is the one most worth keeping in mind: thirty days of silence count as acceptance.
What is it?
They are Articles 1408 to 1410 of the Civil Code of 2020: the presumption that a mandate is onerous, how the price is determined where none was agreed, and the principal’s eight obligations.
Who can do it?
Anyone who has given a mandate or power to another under the Puerto Rico Civil Code, and anyone who received one and wants to charge or claim expenses.
Requirements
- For the mandate to be gratuitous: to have agreed it, because Article 1408 presumes it onerous.Verified against the official source
- From the principal: supply the means necessary for execution and pay the agreed price.Verified against the official source
- From the principal: pay, on the mandatary’s demand, the expenses reasonably incurred to execute the mandate.Verified against the official source
- From the principal: examine and accept or protest the final accounts within thirty days of their being rendered.Verified against the official source
Documents you need
Cost
Step by step
Step 1: A mandate is presumed paid
Article 1408, a single line: the mandate is presumed onerous. If you want whoever acts for you to do it free, that must be agreed; the statute presumes the opposite.
Step 2: How much, if no price was discussed
Article 1409, in order: by the tariffs of the mandatary’s trade or profession; failing those, by usage; and failing both, by the court.
Step 3: The Code publishes no tariff
It refers to the tariffs of the trade or profession without reproducing them. This guide publishes no percentages or amounts: the tariff applicable to that trade or profession must be checked.
Step 4: Providing the means and paying
Article 1410(a) and (b): supply the mandatary with the means necessary to execute the mandate, and pay them the agreed price. Without means the errand cannot be executed, and that duty is written down.
Step 5: Expenses are separate from the price
Subsection (c): pay, on the mandatary’s demand, the expenses reasonably incurred to execute the mandate. It is an item separate from the price, and it is paid when the mandatary demands it.
Step 6: And the damages the errand causes them
Subsection (d): indemnify the mandatary for the damages suffered, not attributable to them, caused by the execution of the mandate. The condition is written: not attributable to them.
Step 7: Getting them out of the obligations they took on
Subsection (e): release the mandatary from the obligations validly assumed with third parties. If they acted within the errand and became bound to someone, the principal must release them.
Step 8: Notifying the revocation immediately
Subsection (f): immediately notify the mandatary of the revocation of the mandate. The article does not say in what form, but it does say immediately; a record helps.
Step 9: And responding to what the mandatary reports
Subsection (g): react, within a reasonable time, to the reports and notices received from the mandatary during execution. The principal’s silence has consequences too.
Step 10: The thirty days for the final accounts
Subsection (h), the most important for anyone receiving an accounting: examine and accept or protest the final accounts rendered by the mandatary within thirty (30) days of their being rendered. Once that period expires the account is considered accepted. The article does not say whether they are calendar or business days, and this guide does not decide it.
Where to do it
All of this runs between principal and mandatary; the Code names no agency. If the mandate was executed by public deed — as the durable power requires — that goes through a notary, under notarial legislation we did not read here. Disputes are decided by the Court of First Instance, which is also who determines the price where there are no tariffs or usages.
How long it takes
What to do if something goes wrong
If what you want is how a power is granted, what a general power reaches, or how the durable power works, that is in the power-of-attorney guide, which reads those articles in full; we do not repeat them here. If you want to know what the mandatary must do, that is this chapter’s other guide. If the mandate has ended or you want to revoke it, there is a third guide. These articles publish no tariffs, do not say in what form the revocation is notified or the accounts rendered, and do not clarify whether the thirty days are calendar or business days. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Assuming whoever acts for you does it free: the mandate is presumed onerous.
- Not agreeing gratuitousness where that is what is wanted.
- Believing the mandatary sets the price at will where none was agreed: trade or professional tariffs come first, then usage, then the court.
- Confusing the price with the expenses: they are separate subsections of Article 1410.
- Not supplying the necessary means and then complaining the errand was not executed.
- Revoking the mandate and not notifying the mandatary immediately.
- Not reacting within a reasonable time to the mandatary’s reports and notices.
- Letting the thirty days lapse without protesting the final accounts: they are then deemed accepted.
- Assuming the thirty days are business days: the article does not say so.
Frequently asked questions
I gave a relative a power. Must I pay them?
Article 1408 presumes the mandate onerous, so yes unless it was agreed to be gratuitous. How much, if no price was discussed, Article 1409 says: trade or professional tariffs, failing those usage, and failing both the court.
Must I reimburse what they spent?
Yes, on their demand: Article 1410(c) requires paying the expenses reasonably incurred to execute the mandate. It is an item separate from the price.
Accounts were rendered to me and I said nothing. What happens?
Article 1410(h) gives thirty days from their rendering to examine and accept or protest them; once that period expires, the account is considered accepted.
I revoked the power. Is not using it enough?
Article 1410(f) requires the principal to notify the mandatary of the revocation immediately. Besides, another article of the chapter says acts performed before learning of the extinction are valid.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
bvirtualogp.pr.gov
Last verified
September 9, 2026
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Power of attorney and durable power: who can sign for you
A general power covers only administration. Selling or mortgaging needs express authority, and surviving your incapacity needs a durable power.
Acting for another: the mandatary’s eleven duties and two rights
Execute personally, follow instructions, disclose conflicts and render accounts. And they may retain the goods with preference until paid.
When a mandate ends, and what still counts once it has
It ends by full execution, expiry, death or incapacity — except a durable power — and by revocation. Acts done before learning of it stay valid.
Services contract: what the client owes and what the provider owes
Two duties for the principal and four for the provider, including the ordinary materials and a reasonable time where none was agreed.
What an obligation is and where it comes from
Six sources, and the list stays open. Whoever performs knowing they were not bound cannot demand it back.
No one has to accept part payment or a different thing
The obligation is extinguished when what is owed is delivered in full. The creditor cannot be compelled to take part, or something else.