The mandate contract. Situation in which the authentic form of the mandate is not required

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

When the mandate entrusted does not consist in the authenticated conclusion of the sale contract on behalf of the principal, an authentic power of attorney specifically granted for this purpose is not required, as stated by the provisions of art. 2013 paragraph 2 Civil Code. As long as the parties agreed that the trustee will handle matters happened prior to the sale, the entrusted mandate may also be verbal, the authentic written form not having to be one of the validity conditions of the convention.