THE LEGAL CAPACITY OF THE PARTIES, AS A VALIDITY CONDITION FOR THE MANDATE CONTRACT
This article aims to bring attention to the mandate contract, under the aspect of its validity conditions, more precisely the legal capacity required of the parties to be able to conclude such an agreement. First of all, the mandate contract must meet the general requirements for the validity of...
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| Format: | Article |
| Language: | deu |
| Published: |
University of Oradea
2023-12-01
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| Series: | Annals of the University of Oradea: Economic Science |
| Subjects: | |
| Online Access: | https://anale.steconomiceuoradea.ro/en/wp-content/uploads/2024/03/Volume-2_AUOES_december-2023-102-113.pdf |
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| Summary: | This article aims to bring attention to the mandate contract, under the
aspect of its validity conditions, more precisely the legal capacity required of the
parties to be able to conclude such an agreement. First of all, the mandate contract
must meet the general requirements for the validity of contracts, stipulated by art.
1179 para. (1) Civil Code. Regarding the form of the power of attorney, art. 1301
Civil Code specifies the fact that it will be effective only if it is given in compliance
with the forms required by law ad validitatem for the conclusion of the contract that
the representative is to make on behalf of the represented. In addition to these
general conditions of contract validity, the conventional representation by mandate,
in order to be effective, also requires the fulfillment of certain specific conditions,
which essentially relate to the manifestation of the legal will of the participants in this
tripartite operation, namely: the will of the representative to represent; the will of the
represented to be represented; the will of the representative to perform legal acts
through representation; the externalized will of the representative to represent and
perform legal acts with the contracting third party and the externalized will of the
third party with the value of accepting the contract with the representative
(contemplatio domini).Therefore, the requirements for the valid and effective
conclusion of the mandate contract must be assessed at the time of the conclusion
of the convention, but in order for it to reach its final goal, consisting in the
performance by the agent of the business entrusted by the principal, the
requirements for the valid and effective conclusion of the targeted act, at the time of
its completion, must also be met. Out of all these conditions claimed for the valid
conclusion of the mandate, we have chosen to focus our attention in this study on
the capacity required of the parties to contract, necessary so that conventional
representation, as a tripartite operation, which involves a source act (the mandate
agreement) and one/more targeted acts (the act/s concluded by the agent with third
parties in the name and on behalf of the principal) will be validly formed. |
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| ISSN: | 1222-569X 1582-5450 |