Aparența în drept în cazul încheierii actului juridic civil prin reprezentare
Appearance in law (estoppel) where a civil legal act is concluded through representation (agency)
Author(s): Pavel Perju, Alexandru MăglașSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Uniunea Juriștilor din România
Keywords: appearance in law; actual representation; apparent representation; termination of representative authority; exceeding representative authority; non-existence of representative authority; putative guardian;
Summary/Abstract: The study comprises an exegesis (doctrinal exegesis / statutory interpretation) of the legislatively required conditions (statutory requirements) for the application of the principle of the validity of appearance in law (estoppel; equitable estoppel; estoppel by representation) in the case of concluding the civil legal act (civil legal act / legal transaction; typically, a contract) through representation (agency). It analytically sets out the doctrinal and jurisprudential solutions (scholarly commentary; case law) concerning the legal protection of the good-faith contracting third party (bona fide third party; reasonable reliance) when the power of representation (authority; actual authority) has been exceeded (acting outside actual authority), extinguished through termination or modification (termination/revocation or variation of actual authority; termination of actual authority does not by itself end apparent authority) or is non-existent due to substantive or formal irregularities (no authority / lack of authority due to substantive/formal defects).
Journal: Revista „Dreptul”
- Issue Year: 2026
- Issue No: 03
- Page Range: 9-22
- Page Count: 14
- Language: Romanian
- Content File-PDF
