Certain current issues relating to the mandate contract. Revocation by the principal Cover Image
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Unele probleme actuale referitoare la contractul de mandat. Revocarea de către mandant
Certain current issues relating to the mandate contract. Revocation by the principal

Author(s): Dan Chirică
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: mandate; revocation; legislative evolutions; conditions; legal consequences; irrevocability; accessory mandate of a main irrevocable contract;

Summary/Abstract: The study approaches the evolution of those regulations regarding the revocation of the mandate from the traditional rule of ad nutum revocation specific to the former Civil Code, derived from the old principles of the Roman law, to the more restrictive rules of the new Civil Code in this regard, adjusted to the contemporaneous realities influenced by the recent foreign codifications. According to the new regulation, the principal cannot revoke the mandate at its discretion and without any consequences. The revocation shall produce effects (the withdrawal of the power of representation) from the date when it has been communicated to the agent, however, if it has been made without any reasonable reasons or in a quick manner, the principle shall be required to perform its assumed obligations towards the agent, as if the respective revocation had not occurred, and to compensate it as well, for any damage caused to the latter. Finally, the situations in which, by way of exception, the mandate shall be irrevocable, being an accessory of a main irrevocable contract, are mphasized.

  • Issue Year: 2019/2019
  • Issue No: 03
  • Page Range: 267-279
  • Page Count: 13
  • Language: Romanian