Management contract. Rights and obligations of the agent. The lack of locus standi of the agent to turn to advantage the principal’s right of claim, in the absence of any express indication, in the management contract

DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

Abstract

The existence of an entitled management contract is acknowledged, by which it was authorized to issue the monthly invoices for the monthly management/maintenance fees to the users of the commercial premises within the complex and to collect the payment of these invoices shall not confer the claimant the right of claim alleged in this case. Its content clearly showed that the appellant claimant acquired thereunder the right to represent the CTA company in its relationships with the lessors, lessees of the commercial premises located in the shopping center, as well as in the relationships with third parties, this right being conferred against a compensation according to the provisions of the contract concluded by the parties. Under this contract, the appellant was conferred a mandate (remunerated) by CTA for carrying out the indicated activities, which it conducted in the name and on behalf of the principal. It was acknowledged that the right of claim was not assigned to the appellant itself, however, it was only authorized to act in the name and on behalf of the principal to recover the management fees. Under these circumstances, in case of non-payment of the invoices representing the  management fees pro rata established, according to the rules of procedure of the shopping center, the party able to request their payment is the holder of the right, in this case CTA, and not the duly agent on its own behalf. As long as the appellant-claimant acted on its own behalf, it is alleged that it relied on the stated right as being a right the holder of which is the holder of the respective right, and not the duly agent on its own behalf.