CIVIL REPRESENTATION IN OLD ROMAN LAW, IN FRENCH LAW AND IN CIVIL LAW TODAY
CIVIL REPRESENTATION IN OLD ROMAN LAW, IN FRENCH LAW AND IN CIVIL LAW TODAY

Summary/Abstract: Representation is one of the institutions that has its roots in Roman law under the domination of the idea of 'city law', but somewhat less obvious than in the situation of other fundamental legal institutions. The 'heritage' of Roman law was recovered quite late in European history. Only in the 16th century was the institution of representation highlighted by mandate and centuries later, the institution of representation was separated from the mandate contract. The institution of representation is regulated as a separate institution in French legislation only by the code of 2002.In the current Romanian civil and commercial legislation there is no section from the general part of the Civil Code, respectively commercial, which deals with the principles of the institution of representation. The definition and characteristics of representation are currently determined by the legal literature based on the provisions of the general or special part of the Code regarding mandate and commission contracts.In the following study, we will make an analysis of the evolution of representation from the institution of non-representation known in the old Roman law, to the institution of representation today.

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