Condiţiile de validitate, proba şi durata reprezentării convenţionale

Rezumat

First, the study describes the specific substantive and formal validity conditions of the mandate contract as a vector of the duly representation. In this context, the capacity to contract both the principal’s and the agent’s opinion is examined. It is further examined the issue of the person in relation to whom it is considered the contested consent, the contested existence/inexistence of good faith in those agreements concluded by the agent with any third parties in the name and on behalf of the principal, as well as of the newly introduced legal provisions regarding the conflict of interests related to the duly representation. Special attention is further paid to the formal requirements which have to be met, on the one hand, by the power of attorney (proxy), the agent’s identification document in his relationships with third parties as regards the powers conferred to him by the principal, and, on the other hand, the mandate contract, which regulates the relationships between the principal and the agent. The issues related to the proof of mandate are further described, and a distinction shall be made between the requirements imposed in relation to the mandate validity and those related to the mandate extension. The study ends with the presentation and the review of the regulation related to the duration of the representation, which has no term provided by the parties in the mandate contract.