Limitele reprezentării voluntare şi opozabilitatea
Limits of voluntary representation and enforceability

Summary/Abstract: Regulation of the representation in art. 1.295-1.314 of the Civil Code shall demonstrate a change in the perspective of the legislator. Pursuing the intellectual source of the new rules in the matter, this brief study shall be intended to highlight the timeliness of those ideas, which underpinned the texts that now are devoted to representation. Moreover, the theory of the “abstract” nature of the power of representation, the idea of “separation” between the relationships representedrepresentative and represented-third party, as well as their intercrossing with the enforceability principle are taken into consideration as indices of a certain concept about representation, which nowadays seems to be the common solution in the European comparative law. This intercrossing of concepts is verified by the practical application in terms of the abuse pf power of representation, of exceeding the limits of the representation power and of the apparent representation. The case-law solutions also acknowledge the intercrossing of those concepts.

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