THE EFFECTS OF THE OPENING OF THE SUCCESSION OF THE PARTIES TO THE CONTRACT OF MANDATE ON THE PERFORMANCE OF SUCH AGREEMENT
THE EFFECTS OF THE OPENING OF THE SUCCESSION OF THE PARTIES TO THE CONTRACT OF MANDATE ON THE PERFORMANCE OF SUCH AGREEMENT

Summary/Abstract: The death of a party is an event which can have significant repercussions on the contractual relationship in progress at that time. There are contracts which cannot continue, just as there are agreements which survive, being performed by the successors of the deceased parties, the successors being reputed as „continuators of the personality” of the deceased. With regard to the mandate agreement, the death of the principal or of the proxy entails, in principle, the termination (in Romanian to be read as „caducitatea” and in French as „caducité”) of the mandate contract, by virtue of its intuitu personae character. The solution is not a fixed, absolute one. The parties are free to provide contractually for the survival of the mandate in such a scenario. At the same time, positive law enshrines certain exceptions where the mandate survives post-mortem, even in the absence of a contractual clause, justified by various practical reasons. The urgency of continuing to execute the mandate is one such reason for maintaining the mandate, but it is not the only one. In this material we have set out to analyse these hypotheses.

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