Reprezentarea contractuală în dreptul roman. Evoluţia contractului de mandat
Contractual representation in Roman law. Evolution of the mandate contract

Summary/Abstract: The Romanians accepted with great difficulty the idea of ​​representation in the matter of contracts, considering that this would be a violation of the principleres inter alios acta aliis neque nocere neque prodesse potest.If in the very old era it was not necessary, since the legal relations were extremely few, with the development of the exchange economy, the contractual representation becomes a concrete necessity.The acceleration of the commercial relations with the pilgrims has made the principle of non-representation in contracts to be regarded as a hindrance to the economic flowering.However, the process of developing a system of representation has not proved to be an easy one, in the context of a formalist and conservative civil law, both procedural interventions by the claimants and solutions coming from the sphere of jurisprudence being necessary.The road to the institution of representation was opened by the actions of an adjacent character. These arise from the honorary actions of the praetors, who by their creative activity sanctioned new subjective rights on a procedural basis. A first problem they faced was manifested at the level of the effects of the institution of representation, namely the acquisition of the title holder of the rights and obligations arising from the respective contract by the representative, being subsequently required other legal operations to carry out these effects on the person represented. This mechanism was evidently inefficient and inconvenient to the Romanians eager to escape from a rigid and formalistic normative system. For this reason, starting from the difficulties that the imperfect representation supposed, the Romanians create the perfect representation, through which the effects of the obligation directly affect the represented one. Although the Romanians created and adapted a system of representation to the demands imposed by the economic dynamics, in reality it has never become a general rule. In modern law, the system admitted by Romanians only for certain cases has been generalized, so that the agent appears as a representative, and the effects of the acts concluded by him occur directly on the principal, who becomes either debtor or creditor, the person of the agent disappearing.

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