THE LEGAL CAPACITY OF THE PARTIES, AS A VALIDITY CONDITION FOR THE MANDATE CONTRACT

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This article aims to bring attention to the mandate contract, under the aspect of its validity conditions, more precisely the legal capacity required of the parties to be able to conclude such an agreement. First of all, the mandate contract must meet the general requirements for the validity of contracts, stipulated by art. 1179 para. (1) Civil Code. Regarding the form of the power of attorney, art. 1301 Civil Code specifies the fact that it will be effective only if it is given in compliance with the forms required by law ad validitatem for the conclusion of the contract that the representative is to make on behalf of the represented. In addition to these general conditions of contract validity, the conventional representation by mandate, in order to be effective, also requires the fulfillment of certain specific conditions, which essentially relate to the manifestation of the legal will of the participants in this tripartite operation, namely: the will of the representative to represent; the will of the represented to be represented; the will of the representative to perform legal acts through representation; the externalized will of the representative to represent and perform legal acts with the contracting third party and the externalized will of the third party with the value of accepting the contract with the representative (contemplatio domini).Therefore, the requirements for the valid and effective conclusion of the mandate contract must be assessed at the time of the conclusion of the convention, but in order for it to reach its final goal, consisting in the performance by the agent of the business entrusted by the principal, the requirements for the valid and effective conclusion of the targeted act, at the time of its completion, must also be met. Out of all these conditions claimed for the valid conclusion of the mandate, we have chosen to focus our attention in this study on the capacity required of the parties to contract, necessary so that conventional representation, as a tripartite operation, which involves a source act (the mandate agreement) and one/more targeted acts (the act/s concluded by the agent with third parties in the name and on behalf of the principal) will be validly formed.