Forma contractului de mandat. Problema mandatului aparent
THE FORM OF THE MANDATE CONTRACT. THE PROBLEM OF THE APPARENT MANDATE

Summary/Abstract: The mandate is a contract whereby one party undertakes to conclude one or more legal acts on behalf of the other party. However, although the rule for the contract of mandate is that the mere expression of the parties’ will is sufficient to validly enter into a contract, the form that the law recognizes for entering into such an agreement should not be completely neglected, on the one hand because the legislator has provided however, some cases where the power of attorney must meet certain conditions ad validitatem and on the other hand, as the problem of proving the quality the trustee has when acting before third parties, can not be ignored. For these reasons, this paper will focus on the analysis of express and tacit mandate and especially on the problems in the case of an apparent mandate, the possibility of its ratification by the principal and, not least, the trustee’s liability in the event it acted without the principal’s knowledge.

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