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Considerations regarding the characteristic features of potestative rights under the Romanian civil law

Silviu-Marian Munteanu ()
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Silviu-Marian Munteanu: Faculty of Law, University of Bucharest, Romania

Juridical Tribune (Tribuna Juridica), 2017, vol. 7, issue 2, 166-176

Abstract: Potestative rights are still representing an exotic category of subjective civil rights. We are saying that it represents an exotic category because, although in practice they are frequently encountered, the theoretical approaches regarding their general legal regime are extremely limited. Therefore, in the present study we will focus on identifying the characteristic features of potestative rights, as well as highlighting the similarities and differences between these rights and other categories of civil subjective rights. From this point of view, we will focus on the similarities and differences between potestive rights and debt and in rem rights, concluding that potestative rights are a category of intermediate rights, as it lends specific features from both, debt and rights in rem. Also, starting from the potestative rights definition provided by the schoolars, we will analyze, one at a time, their defining elements and explain how these characteristic elements should be understood. Therefore, we will focus on the defining elements of potestative rights, namely: (i) the power of the potentior to change a legal situation involving the interests of another person; (ii) the bond of obedience; and (iii) the specific object.

Keywords: civil subjective right; potestative right; judicial power; judicial situation. (search for similar items in EconPapers)
JEL-codes: K15 (search for similar items in EconPapers)
Date: 2017
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Handle: RePEc:asr:journl:v:7:y:2017:i:2:p:166-176