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 Civil juridical relation’s creativity and

proliferation take place through a juridical act.


 The majority of civil juridical relations have
their sources in juridical acts, the contract
being a classical example.
 The civil juridical act is a will manifestation
made with the intention to produce juridical
effects, to create, to modify or to extinguish a
certain civil juridical relation.
 The civil juridical act validity recognition must
be searched first in the will autonomy
principle, which establishes that each person
can decide freely to complete a certain
juridical act, with a certain person and with
certain content.
 The civil juridical act is compound of juridical
relevant situations complex and at least one
exteriorized will connected by law with certain
juridical results.

 For a civil juridical act to exist it is


necessary, beside the juridical will, some
juridical effects to be created.

 These juridical effects consist in:


 creating a certain civil juridical relation,
 changing a certain civil juridical relation,
 extinguishing a certain civil juridical relation.
 Juridicalterminology use the expression “civil
juridical act” in two different senses:
 on one way, it means juridical operation
(negotium),
 on other way, it means proving document, for
proving that operation (instrumentum).

 When we talk about a selling-buying contract


it means the operation itself (negotium), the
selling, or it means the document that
demonstrates this selling (instrumentum).
 According to the number of parts which
juridical will participate to complete an act
(or the necessity of one or more will
manifestations to produce juridical effects):
 Unilateral civil juridical acts: the result of a
single juridical will. They are valid if it is
completed by a single person. (the will –
testament). A civil juridical act (in which there
is expressed a single will) must not be
confused with an unilateral contract (like any
other convention presumes the accord among
two or more wills, but just a single part is
obligated to the other party).
 Bilateral civil juridical acts: the civil
juridical acts completed by the accord
between two different party wills (each
part can include one or more persons). The
will manifestation of every part is named
consent. Bilateral civil juridical acts are
named contracts or conventions. The civil
juridical act is bilateral or synalagmatic
when the parties are obliged one to
another. A part has the quality as creditor
and the quality as debtor.
 Multilateral civil juridical acts (collective):
those civil juridical acts completed by
many parties will.
 According to the purpose aimed by parties in
completing these acts, the civil juridical acts
with patrimonial content are divided in:
 Civil juridical acts with onerous title: civil
juridical acts in which the part who gives
something to the other part, aim, in exchange,
a patrimonial result for him also.
 Commutative civil juridical acts: civil juridical
acts in which the parties know or can know, at
the moment of completing these acts, the
existence and the expansion of his rights and
obligations, which are regarded as equivalent
from valoric point of view.
 Aleatory civil juridical acts: civil juridical acts
in which the existence and the expansion of
obligations (at least for one part) depend on an
unsure element (named alea, meaning hazard).
 Civil juridical acts with gratuitous title: civil
juridical acts in which the part who gives
something to the other part, does not aim, in
exchange a patrimonial result for him.
 Liberality: civil juridical acts in which one part

transmits to the other part, with gratuitous


title, a good or a fraction of his patrimony, or
even all his patrimony.
 Disinterested acts: civil juridical acts in which

one part transmits to the other part a service,


with gratuitous title, without influencing his
own patrimony. In this situation a person
transmits to the other gratuitous advantages,
without dispose by his goods.
 The conditions of the civil juridical act are the
components which can and must be included in
the civil juridical act’s structure, the elements
which form the civil juridical act.
 These components are necessary for that
juridical act to be valid and to produce
juridical effects.
 Essential conditions for convention’s validity
are:
 the capacity to contract,
 the valid consent of the obliged part,
 a determined object,
 a legal cause.
1. The capacity to complete civil juridical acts is
that civil juridical act’s fond, essential and
general condition that consists in civil law
system subject’s ability to become a rights’ and
civil obligation’s titular, after the civil juridical
acts are completed.
 The person civil capacity include:
 using capacity,
 exercise capacity.
 Using capacity always attracts the exercise
capacity, because nobody can exercise a right
for himself without being that right’s titular, no
matter of age, sex, nationality or social
condition.
 The capacity of completing civil juridical acts
is the rule, and the incapacity is the
exception.
 The incapacities must be express and
limitative stipulated within the law, because
they are for strict interpretation.
 A correlation between capacity and
discernment is important. The capacity is a
law estate and the discernment is a fact
estate.
 A person who has exercise capacity is
presumed to have also the discernment for
his facts, this presumption being relative,
because it can be demonstrated otherwise.
 For a valid finishing of a juridical act, the part
or the parties must dispose by a legal capacity,
but also by a natural capacity, which presume
effective existence of discernment at the right
moment of civil juridical act completing.
 The natural incapacities must always prove in
front of a juridical instance, this is a
difference to legal incapacities (stipulated
within the law) which are presumed.
 There is the possibility for a person that is
declared incapable according to the law to
have discernment in the moment of
completing the act, being at a moment of
temporary lucidity.
Thank You
For Your Attention!

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laura.muresan@unitbv.ro