9. Asigurări. Încetarea procesului penal prin împăcarea părţilor. Acţiune în despăgubiri formulată împotriva asigurătorului de răspundere civilă. Admisibilitate
9. Insurance. Termination of the criminal trial reconciliation of the parties. Action for compensation lodged against the civil liability insurer. Admissibility

Summary/Abstract: Pursuant to the provisions in art. 391 of the Commercial Code, it follows that the unilateral withdrawal of mandate is only possible for just cause, if not, the agent or the principal interrupting the execution of the mandate through such waiver being held liable for damages. The commercial mandate may not be unilaterally withdrawn unless proof is produced as to a just cause, i.e. grounded reasons based on the existence of causes of incapacity or incompatibility, highlighted through the lack of management abilities or incompetency, or by the guilty infringement of the agent’s legal and statutory obligations. Hence, if the withdrawal of mandate did not occur without just cause, being justified by the inadequate performance of contractual obligations, the principal is not entitled to compensation.

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