TERMINATION OF THE POWER TO REPRESENT AND EXCEPTIO INTRA AMBITUM LEGE DATA: CONTINUATION OF THE MANDATE BY THE HEIRS
TERMINATION OF THE POWER TO REPRESENT AND EXCEPTIO INTRA AMBITUM LEGE DATA: CONTINUATION OF THE MANDATE BY THE HEIRS

Summary/Abstract: Any living being has, in principle, the ability to engage in legal relationships, concluding a multitude of legal acts during life. However, there are also situations that make it almost impossible for you to participate in the hiring of a mandatory report, and this shortcoming is not only one of modern society. Representation was an institution that developed more difficult because in the Roman era, binding commitments were born directly between parties through rituals and sacramental words, bringing, over time, more and more exceptions to the rules of representation, which over time allowed the recognition to this new legal institution as a complex legal mechanism, a technique or even a legal artifice that gives rise to a series of complex legal relationships based on two wills: the primary will that generates the mandate of representation, combined with the applied will of the representative which is necessary for the execution of the mandate, the role of each of the two wills being essential and precisely for that reason death – the common cause of termination of contracts – knows specific valences in the matter of representation, it being possible to execute the will even after death through the possibility offered by the legislator to continue the mandate by the heirs. The accuracy in the admissibility of the management of these hybrid mandates, if we can qualify them as mandates, must be maximum, the definition of a legal regime should be clear from the extent of the powers it confers to the determination of the quality in which the heirs act, useful clarifications for the legal institutions related to the institution to print the legal regime of this creation from the perspective of the effects and the incident legal liability.

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