6. Contract de mandat. Invocarea depăşirii limitelor mandatului. Sancţiunea aplicabilă
6. Mandate contract. Invoking the exceeding of the limits of authority. Applicable penalti

Summary/Abstract: If, under the power of attorney, it was imposed an obligation on the agent to borrow any amount of money for the purpose of purchasing an apartment, in the name and on behalf of the principal, without the agent’s obligation being set forth in the terms as well, to conclude the real estate sale-purchase agreement, the limits of authority could not be deemed as exceeded if only the loan agreement was concluded, since, if it was admitted that the mandate concerned also the purchase, and the two legal operations had been interdependent, the failure to perform the obligations in full, would not be deemed as an exceeding of the limits of authority, but rather its incomplete, inadequate performance whose penalty is not represented by the nullity of the document concluded in this way, but the termination of the mandate by claiming for damages, according to art. 1021, in relation to art. 1539-1540 of the Civil Code.

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