EIRP Proceedings, Vol 11 (2016)

Abstract

We hereby propose to identify the limits where it can be assessed as just cause of the revocation of a mandate contract, as it is stipulated by the provisions of art. 1431, paragraph (4) from Law no. 31/1990, being known that the revocation without just cause of the mandatory (administrator / director of the Board of Directors) entitles him/her to payment of damages.

The analysis starts from jurisprudence solutions and it has been necessary as the problem has been treated differently in practice, this collocation “just cause” being interpreted either restrictively, by reporting only to the mandatory, or extensively, by reporting to the subjective – objective resorts of the mandator.