Promisiune bilaterală de vânzare. Mandat fără reprezentare. Exercitarea de către mandant a dreptului de a obţine constatarea îndeplinirii condiţiei rezolutorii. Condiţie rezolutorie versus rezoluţiune

Bilateral promise of sale. Mandate without representation. Exercise by the principal of the right to obtain a declaration that the resolutory condition has been fulfilled. Resolutory condition versus termination

Abstract

Since the authentic instrument is not required for the conclusion of a bilateral promise of sale of immovable property, it follows that the power of attorney granted for the conclusion of this legal act does not have to be in authentic form either.

It is true that the bilateral promise of sale and purchase in the present case was concluded in authentic form, but authentic form is not required ad validitatem, its role being to prove the content of the legal act.

Under these conditions, the contract of mandate could be concluded in written form, either authenticated or under...