The power of attorney in civil and commercial law
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Keywords

power
representation
mandate
administration
consent
the relativity of the effects
opposability
the manager of the company
withdrawal

Abstract

The power of attorney, as a judicial mechanism, has enjoyed a broad applicability for the past centuries due to its undeniable utility, reaching, at the moment, a level of necessity in the professional and casual routine. However, a great amount of the scientific literature that discuss this subject focus on the analysis of the mandate agreement, as a source for the power of attorney, without studying the legal nature of this prerogative. That is why the purpose of the present paper, avoiding any claim of completeness, is to scan the representation as a species, closely analysing its genus: the power. The pragmatism of our approach is revealed by the fact that the study of representation takes place in the context of the matters in which it is mostly used and that is the common civil law and the derogatory commercial law.

https://doi.org/10.24193/SUBBiur.65(2020).3.2
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