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The power of attorney in Romania

What is the power of attorney and for which situations is it necessary under the legal provisions in Romania?

According to Law no. 51/1995 on the organization and the profession of lawyers, the lawyer who is enrolled in the bar panel is entitled to attend and represent any person or entity, under a contract concluded in written form, which acquires certain date by registering it in the official register of inventory. The contract for legal assistance must be signed by the client in order to produce legal effects.

The Status of the legal profession stipulates that the legal assistance detemins the exact boundaries in which the lawyer may carry out his field work, as well as the powers that the client gives the lawyer. The lawyer identifies himself under the contract of legal assistance, through the power of attorney.

Furthermore, unless otherwise stipulated by the law, the lawyer is empowered to carry out any acts specific to his profession which he considers necessary in order to achieve the client's interests.

However, in terms of the activities expressly set out by the legal aid contract’s object, this represents a special mandate, under which the lawyer may conclude, under private signature or authentic form, acts of preservation, management or disposal in the name and on behalf of the client.

Thus, the power of attorney has the legal value of a mandate through which the lawyer is appointed to represent and to aid the client in Court, before authorities or public institutions, or the bodies of prosectuion and other competent authorities, but also to carry out the activities covered by the contract for legal aid.

We can see that there are several types of power of attorney, depending on the boundaries that are set out between the client and lawyer regarding the activities and operations for which the lawyer is authorized to act on in the name of his client.

The general power of attorney offers the lawyer authority to act in respect of all the acts of the client or to administer his estate, depending on the object of the legal aid contract, while the special power of attorney is granted to the attorney for certain operations, for example representation in inheritance, managing a property or a business, opening a company or buying various securities or real estates.

The power of attorney produces legal effects similar to the mandate agreement governed by the New Civil Code.

Can the power of attorney be granted for carrying out activities in another country?

Yes, the power of attorney may be granted to a lawyer for operations that will not be conducted in Romania.

However, the power of attorney must be translated at the notary, for example to the notary who drew up the power of attorney, but it alos must be apostilled at the Court of Appeal in order to produce effects in the desired country.

What are the ways in which a power of attorney ceases in Romania?

Seeing as the power of attorney’s effects are largely governed by the legal provisions relating to the mandate, it is only natural that these effects also cease under the same provisions.

Thus, the power of attorney can cease in the same ways as the mandate contract, namely:

◦ revocation by the mandator;

◦ renounciation by the mandatary;

◦ death, incapacity or bankruptcy of the mandator or mandatary;

◦ expiration of the duration of time for which it has been set out.

Confidently contact one of the Darie, Manea & associates firm's lawyers in order to obtain answers to your questions regarding the power of attorney in Romania, how to conclude the legal aid contract and the effects that they produce. Our attorneys are dedicated to the clients’ needs, providing optimum solutions to their problems and representation before the competent authorities. Do not hesitate to contact us!

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