THE PRINCIPAL'S RELATIONS WITH THIRD PARTY CONTRACTORS

Abstract

This paper aims to bring attention to a typology of contract that is as old as it is current. Today, more than ever, the mandate contract proves its usefulness, not only as a traditional means of concluding free acts, selfless and friendly service, but especially as a legal mechanism that allows the deployment of numerous professional activities. As trade has gained huge territorial expansion and diversification, business intermediaries have become increasingly important, even vital, and the mandate, in its various manifestations, provides a highly flexible legal framework for achieving business.
In this article, we focus on the principal's relations with third party contractors, especially on the exceptional situations in which the agent's excessive acts are opposable to the principal, namely the ratification and the apparent mandate, making a brief review of the doctrine and jurisprudence on the matter and expressing our own opinions regarding the liability of the principal towards third party contractors in such situations.