The Issue of Revocability of the Mandate in Common Interest
The Issue of Revocability of the Mandate in Common Interest

Author(s): Dana-Lucia Tulai
Subject(s): Civil Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: mandate; revocation; common interest; indemnity;
Summary/Abstract: Our scientific approach aims to bring to attention a typology of contract that is as old as it is current. Today, more than ever, the mandate contract proves its usefulness, especially as a legal mechanism that provides an extremely flexible juridical framework for many professional activities. The doctrine revealed the complexity of the legal relations derived from this type of conventions, relations that are complicated especially in those situations, quite frequent, in which the principal chooses to unilaterally revoke the mandate conferred. An issue that legal doctrine has paid special attention to is that of the revocability of the mandate in common interest. The revocability of such a mandate agreement is questionable, given that the principal's discretionary right to revoke the mandate is based precisely on the fact that the mandate was conferred in his interest, and therefore only he is able to assess whether his interest has been pursued and fulfilled by the trustee or not. We consider that the principal retains the right to revoke the contract, but with the correlative obligation to compensate the agent for any damage caused, unless the cause of revocation is the proven fault of the agent, or a fortuitous cause, which makes it impossible for the principal to continue the contract.

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