Mandate and representation

The mandate contract, although it bears similarities to other types of conventions and legal institutions, is unequivocally different in its specific features. In our article, we shall try to distinguish the mandate from representation, a legal institution with which it shares similarities that have generated doctrinal discussions. We believe that the usefulness of this approach is justified all the more since representation has received its own legal regulation under the new Romanian Civil Code, for the first time in our civil law. The conclusion of our study is that representation is not the essence of the mandate, but only characterizes its nature, since there is mandate without representation, as well as representation without mandate.