THE SPECIAL FEATURE OF THE INSTITUTION'S CAPACITY TO EXERCISE A NATURAL PERSON AFTER THE LEGISLATION OF THE REPUBLIC OF MOLDOVA

Grigore Ardelean and Alexandru Cicală

FIAT IUSTITIA, 2019, vol. 13, issue 1, 43-59

Abstract: After the essence and usefulness, the institution of legal capacity to exercise a natural person always occupied a position in the list of priority concerns the doctrine of, in particular, the Republic of Moldova in the process of consolidation and the development of legislative base, during the transitional period.Although, to a certain extent, to the formation of a juridical institutions with promising prospects in the raw material the capacity to exercise, even with elements which had never before fallen in the way in the legislation of other Member States, after the year 2017, the legal decree in the field in question has given to understand that without a review within the meaning of modernization will not be able to continue to ensure efficient coveted. In these conditions, recently, the legislature of the Republic of Moldova decided to initiate the process of reconsidering the concept of the capacity to exercise a natural person, placing emphasis on intensification of judicial measures for the protection of the interests of them in return for giving up on some circumstances that previously withdrawing into the field of action in the personal exercise of legal acts of provision. The tactics chosen by the inspired is our legislator in the process of formulating the new legal framework to guarantee the civil rights in the case of special categories of subjects, remains to be seized after the generated effects, and until then, by doctrinally in the framework of the new research and interpretations of the possible effects in the plan Application Note.

Keywords: civil capacity; legal acts of provision; natural person; discerning; aptitude; tutelage; legal protection; family council; approval; emancipation (search for similar items in EconPapers)
JEL-codes: K15 (search for similar items in EconPapers)
Date: 2019
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