Resignation of the Trustee Cover Image

Renunţarea mandatarului la mandat
Resignation of the Trustee

Author(s): Dana-Lucia Tulai
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: mandate; unilateral denunciation; remuneration; judicial representation; resignation;

Summary/Abstract: Through this article, we intend to bring to the attention of those interested some aspects related to the mandate contract, more precisely the situation of its termination as a result of the waiver of the trustee to the entrusted mission. Thus, we try to formulate our own answers to questions that are debated upon in the legal literature. Is the contractual clause by which the trustee waives his right to unilaterally terminate the mandate effective? Does the agent still have the right to collect the remuneration for the acts that he could not execute due to non imputable causes, prior to resignation? How will the waiver of the contract work in the case of plurality of agents? Under what conditions may the right to waive the mandate of judicial representation be exercised? We appreciate that these are legitimate questions, and that doctrinal discussions could help to clarify these issues, with the aim of coherent case law on the subject.

  • Issue Year: 2020
  • Issue No: 2
  • Page Range: 75-88
  • Page Count: 13
  • Language: Romanian