Special power of attorney (Romania)

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The power of attorney for one specific act in Romania: collecting a document, representing someone at an office, signing a contract, receiving a payment. It describes the act exactly, the limits of the authority, whether the agent may deal with themselves or appoint a substitute, and until when it is valid. For acts that need notarial form — selling a home, for example — the power of attorney must be notarial too.

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Common questions

When is a special power of attorney needed in Romania?

For any act beyond mere administration: selling or mortgaging property, a settlement, a lawsuit, a loan or any other act of disposal (art. 2016 of the Civil Code). A special power of attorney describes the act exactly, and the agent may do nothing outside it.

Must a special power of attorney be notarised?

If the act it is given for must be made in notarial form — selling a home or land, for example — yes: the power of attorney follows the form of the act (arts. 1301 and 2013 of the Civil Code). Otherwise a private signature is valid, although some offices still ask for a notarised one.

May the agent make the contract with themselves?

As a rule, only if the power of attorney expressly allows it. A contract a representative makes with themselves, in their own name, can be annulled at the request of the person represented, unless the representative was expressly authorised to do so or the contract's terms were fixed so as to rule out a conflict of interest; the same applies where one person represents both sides (art. 1304 of the Civil Code). The power of attorney has a separate line for that choice.