THE MANDATE BETWEEN SPOUSES UNDER THE PROVISIONS OF THE CIVIL CODE Cover Image

THE MANDATE BETWEEN SPOUSES UNDER THE PROVISIONS OF THE CIVIL CODE
THE MANDATE BETWEEN SPOUSES UNDER THE PROVISIONS OF THE CIVIL CODE

Author(s): Nadia-Cerasela Aniţei
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: new Civil Code; conventional mandate between spouses; the judicial mandate

Summary/Abstract: In order to perform various acts and operations that are required to be met by the spouses during marriage and to give legal certainty to the civil circuit, in the interests of third parties in good faith who would deal with the spouses, the new Civil Code established by art.314 the conventional mandate between spouses. We note that the conventional mandate between spouses, regulated by art.314 of the Civil Code shall fall within the general terms that define the contract of mandate. Research literature indicates that although art.314 of the Civil Code has a clear and concise regulation expressing the essence of the conventional mandate between spouses institution, however this legal text cannot answer all questions that might arise in practice in connection with this mandate. Thus, to find the best solutions, we will need to refer to other articles of law, to the fundamental principles of civil law, to the contract of mandate of the new Civil Code, and to the extent possible, to the doctrine.

  • Issue Year: VI/2011
  • Issue No: 3-4
  • Page Range: 209-222
  • Page Count: 14
  • Language: English