HCCJ. Unilateral revocation of the mandate. Effects

High Court of Cassation and Justice has decided that, in accordance with Art. 391 of C. com. (Art. 2032 NCC) mandate can not be revocated unilaterally made only for just cause, otherwise, the principal, that the revocation interrupt the execution of the mandate, responsible for the damages. In the present case, the applicant, executive director of a limited company, has been operating under a contract of mandate, legal relations between the parties are specific commercial mandate and not labor law. The High Court has stated that the mandate can not be revocated unilaterally trading unless it proves unjust, that reasons based on the existence of cases of incapacity or incompatibility as evidenced by the lack of managerial skills or incompetence, or culpably breach of statutory duties and incumbent statutory representative. In the proceedings, the High Court held that the removal from office did not intervene without a just cause, revocation is justified by the inadequate performance of contractual obligations so that the trustee is not entitled to compensation. (Decision no. 3963 of December 11, 2014 rendered the appeal of Section II of the Civil High Court of Cassation and Justice covering damages).

:: The Source: JURIDICE. ro

Oana-Maria CHIRIȚĂ

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