Transferul dreptului de proprietate în mandatul fără reprezentare
Transfer of ownership in the mandate without representation

Summary/Abstract: The current Civil Code has advanced a coherent system of transfer of property rights, combining the civil tradition prior to its entry into force, deeply marked by the French approach, with elements enshrined in other systems of law, which are at the opposite pole from this perspective, despite their common Roman ancestry. The principles of consensus, unity and tradition are combined in a coherent system of transfer of main real rights, well adapted to the security of the civil circuit, and do not hinder its dynamics. When it comes to understanding the transfer of rights in rem in the agency without representation, the explanatory value of these principles is indisputable. Moreover, the obligation to give, which is the cornerstone of the whole system, is the essence of the legal regime of acquisition and alienation on behalf of the principal, but in his own name. At the same time, the specificity of the contract in question is given by another fundamental element of the whole edifice, the prerogatives of special power without representation and their legal regime, which justifies, traces the limits and explains the transfer of the right of ownership in one direction or another through the potentior’s estate. Even if the legal framework is certainly perfectible, the rational approach to the transfer of rights in rem by means of a power of attorney without representation must take into account all the variables mentioned above, logically integrated into the reasoning, as evoked by the rules contained in the subject matter, dedicated to this contract by the Civil Code, supplemented by the institutions that are necessarily used in the shaping of its legal regime.

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