26. Renunţare la dreptul pretins. Înscris autentic depus prin reprezentant convenţional. Lipsa mandatului special
26. Waiver of the right claimed. Authenticated document filed by conventional representative. Lack of special mandate

Summary/Abstract: The fact that the waiver was communicated orally to the court by the conventional representative does not prevent the position of the applicant from being recorded, nor does it create any doubt on this point. It is clear that the decision is not based on the submissions of the party's lawyer, who is entitled by law to bring an application to discontinue the proceedings on behalf of the party only if he provides proof of a special power of attorney [Article 406 (2) of the Code of Civil Procedure], but on the document authenticated by the notary public, before whom the plaintiffs appeared, and which is full proof, vis à vis any person, until it is declared false, of the findings made personally by the person who authenticated the document, in accordance with the law. The statements of the parties contained in the authentic deed shall be prima facie evidence both as between the parties and as against any other person. (Article 270 (1) and (2) of the Code of Civil Procedure). For this document to be submitted in the court hearing (which embodies the personal will of the party and not of the contractual representative on behalf of the party), there is no legal obligation for the lawyer to present a special mandate, the power of attorney to submit documents and represent the interests of the party being sufficient, and the court is obliged to comply.

• Details
• Contents