Aspecte contradictorii (i)reparabile ale efectelor mandatului fără reprezentare

Lector dr. Codruţ-Nicolae SAVU

Facultatea de Drept, Universitatea “Transilvania” din Braşov

ABSTRACT

The mandate without representation is rarely encountered in purely civil judicial practice, it mainly refers to commercial activity, the contract being objectified, as a rule, in one of its specialties (commission, consignment, shipment), and having the destination of intermediation of production activities, alienation of goods or provision of services, all exercised for profit, i.e. with the intention of obtaining profit, an aspect from which it follows that we are in the presence of a contract used by professionals (traders) in the operation of a (commercial) enterprise, thus as provided by art. 3 Civil Code.

From this perspective, the effects of the mandate without representation are particularly important in terms of its specifics, which are complemented by those of this type/kind of mandate, and the tools to...