Natural Person’s Legal Competence in the Conception of the Assumed Civil Code

Moise Bojinca
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Moise Bojinca: “Constantin Brâncusi” University of Târgu Jiu

Annals - Juridical Science Series, 2010, vol. 4, 31-46

Abstract: The person’s civil ability, having as constitutive elements the capacity to have rights and obligations and the legal competence, assigns the juridical capacity specific to the civil law. While the civil capacity to have rights and obligations represents the general and abstract aptitude of a person to have rights and obligations and it is gained at birth date and sometimes even since the conception, the legal competence is granted in considering the discernment gradually formed and it supposes the person’s aptitude to exert and accomplish civil obligations by contracting civil juridical documents. As such, the legal competence regards exclusively the person’s juridical documents and has no connection to the stricto sensu juridical facts. Depending on the stage of the discernment development, the Civil Code classifies natural persons in four classes, namely: persons missing the legal competence, persons having a restrained legal competence, persons having an anticipated legal competence and persons having full legal competence. Natural persons placed in one of the respective classes either cannot contract civil juridical documents, or can contract by themselves only certain civil juridical documents, or can contract certain juridical documents with the permission of the legal protector, and others even with the authorization of certain protecting organisms, or can contract by themselves any civil juridical documents allowed by the valid legislation at a certain time.

Keywords: juridical capacity; civil capacity; restrained exertion ability; full legal competence; discernment; civil juridical documents. (search for similar items in EconPapers)
JEL-codes: K36 (search for similar items in EconPapers)
Date: 2010
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