Özet:

In the Romanian law, a contract of advocacy is a contract that authorizes the advocate to act on the account of another person. The contracts have a special place because it is a freedom-based and free-made contract in the Romanian law contracts system. Because the subject of the contract is the view of a business and the element of confidence is included in the basis of the contract; the personal characteristics, knowledge, skills and experience of the agent plays an important role in this contract. There are two issues that need to be addressed. This is Mandatum morte solvitur and Mandatum post mortem. According to Mandatum morte solvitur principle, the death of one of the parties, because it is a contract based on the relationship of confidence and friendship between the parties, ends the contract. When the Mandatum post mortem issue is examined, the contracts to be fulfilled after the death of the parties are considered invalid in the Roman law. In the sources related to the Romanian Law, this issue has been examined separately in terms of client and assistant. The contract will be fulfilled in the event of the death of the representative as "mandatum post mortem mandatarius" and the contract will be fulfilled in the event of the death of the client as "mandatum post mortem mandator".

Anahtar Kelimeler: