Revocation of a power of attorney (Romania)

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The notice by which the person who gave a power of attorney in Romania revokes it. A principal may revoke a mandate at any time (art. 2031 of the Civil Code), but the revocation binds the agent from receipt, and third parties only once it has been brought to their notice or they knew or could have known of it. That is why the letter asks for the power of attorney back and lists the offices and people who have been told.

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Common questions

Can a Romanian power of attorney be revoked at any time?

Yes. The principal may revoke the mandate at any time, expressly or by conduct, even if it was declared irrevocable (art. 2031 of the Civil Code). The principal still owes what is due to the agent and must make good the loss caused by an unjustified or untimely revocation; where the mandate was declared irrevocable, revocation counts as unjustified unless caused by the agent's fault, a fortuitous event or force majeure (art. 2032).

From when does a revocation take effect?

For the agent, from the day it is received. Third parties must be told of it by appropriate means; otherwise it cannot be relied on against them unless it is shown that they knew or could have known of it when the act was made (art. 1306 of the Civil Code). That is why the revocation is also sent to the banks, offices and people the agent deals with.

How is a notarised power of attorney revoked?

The revocation binds the agent in any form, but third parties check notarial powers of attorney in the national notarial register of powers of attorney and revocations. So for a notarial one, the revocation is in practice also made before a notary, who enters it in the register, while this letter tells the agent.