APPLICATION OF THE RULES RELATING TO THE MANDATE WITH REPRESENTATION IN THE CASE OF THE COMMISSION CONTRACT (I)

Bujorel Florea and Vlad-Teodor Florea

FIAT IUSTITIA, 2018, vol. 12, issue 1, 126-136

Abstract: The present study was based on the fact that the current Civil Code stipulates that the special rules on the regulation of the commission contract, contract of mandate without representation, shall be supplemented with the rules in the contract of mandate area with representation. The attempt to supplement the commission contract with the regulations from the contract of mandate itself has highlighted problems of interpretation, given the confrontation between these rules, on the one hand, and those specific to the commission, on the other. The article deals mainly with the rules applicable to the obligations incumbent on the parties to the commission contract. The authors identify some possible different interpretations of the application of these provisions, interpretations they present and on which they formulate their own solutions, including in the form of the proposals of lex ferenda. The study is aimed at specialists in civil law, as well as theoreticians and practitioners, as well as at students and master students in the field of juridical sciences, to whom it proposes topics of reflection and the urge to express their opinion on them, in order to consolidate some substantiated theses in the field.

Keywords: commission contract; consignee; principal; sub-commissioning; plurality of consignees (search for similar items in EconPapers)
JEL-codes: K15 (search for similar items in EconPapers)
Date: 2018
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