Legal act in Romania - Quick Consulting

Legal act in Romania, manifestation of will or, as the case may be, willful consent with the intent to produce legal effects, that is, to give birth, to modify or to extinguish a concrete civil legal relation

Classification

– unilateral, bilateral or plurilateral legal acts, depending on the number of parties between which the act ends
– legal fees for consideration and free if they pursue a pecuniary interest or not
-legal constitutive, translative and declarative acts
1) the constitutive legal act is that which gives birth to a civil law subject that did not exist previously

2) The translative legal act has as a consequence the transfer of a subjective right from the patrimony of a person to another person’s patrimony.

3) the declarative legal act is that which has the effect of consolidating or finalizing a pre-existing civil subjective right

-accounting legal acts, legal acts of administration and legal acts of provision
1) the preservation act prevents the loss of a civil subjective right, it is always an advantageous act for its author.

2) the act of administration puts a normal value on a good or property

3) the legal act of disposition is that which results in the removal of a right from the patrimony or the real burden of a good.

-consensual and solemn legal acts, differ according to the form of legal act (solemn or without any special form)
– patrimonial or non-patrimonial legal assets if it has valuable money or not.
-recipes and accessories
– legal acts between vivid and legal acts for causes of death
– subjective legal acts and civil legal acts, the content of the act is determined or undetermined, for example an act condition is marriage, where the parties can not deviate from the norms that regulate it
-right and simple legal acts (unaffected by term or condition) and acts affected by modalities
– civil legal names called and unnamed, if it has a name or not

Terms of civil legal act

-conditions of the civil legal act are those components that must or may be included in the structure of the civil legal act, ie the elements from which it is constituted

Classification of the civil legal act
-conditions of form, refers to the exteriorization of the will or will of the parties
-conditions of substance, concern the content of the legal act
– Essential terms and nonessential conditions
-conditions of efficacy,
-conditions of validity, shall be sanctioned with the nullity of the legal act

Ability to conclude legal acts and the exception of incapacity
-capacity of use and exercise capacity
-in the capacity of use no one can be absent except in the cases expressly provided by the law
-existing incapacity for exercise and inability to exercise
1) general incapacity
2) special incapacity
3) incapacity for certain legal acts

consent
-removing the decision to conclude a legal act
a background condition
-it can be:
1) Minutes
2) in writing
3) through gestures or conclusive facts
– Exceptionally, silence is worth consenting in the following cases
when stipulating the law
when the parties have expressly attributed this aspect
if it is in accordance with custom or use

Principles of legal will
-the principle of freedom of will
-the principle of the real will (it takes into consideration the desire of the parties not the literal meaning)

Requirements for the validity of the consent
– to come from a person with discernment
– be serious
– be freely expressed
– be expressed with the intent to produce legal effects

The vices of consent are as follows:
-error
-violence
-dolul
-leziunea

Vices of consensus

Error

-high representation of some circumstances when concluding a legal act
– subjectively deformed image due to the deceased

-classification:
1) the essential error – if the false representation falls on: the nature or the object of the legal act which is concluded, the physical identities of the object of the performance, the substantial qualities of the object of the performance, the person or a quality of it in the absence of which the counter- concluded.
2) nonessential error – false representation of unimportant circumstances
3) Fault – a false representation of a factual situation
4) the error of law – represents the false representation of the existence or content of a legal norm
5) Excusable error
6) Inconclusive error

– the errors of essential error: the error is essential, it is an excuse, the element on which the false representation is to have been decisive in the conclusion of the act, in the case of bilateral or plurilateral legal acts, for consideration, it is necessary that the contracting party knew or should have to know that the fake element was essential to the conclusion of the respective civil legal act
The essential rotation in any of its forms draws relative nullity
– The act can be adapted avoiding the cancellation or can be terminated as the misunderstood part, thus covering the cause of the cancellation
– in the case of bilateral and plurilateral acts, it is not necessary for each party to be mistaken

Dolul

-the second is the vagueness of consent by which one of the parts is induced in an error caused by the fraudulent manipulations of the other party. The mere omission of informing the co-contractor about circumstances that he was willing to reveal is inconspicuous.
– error rate, in the case of the dollar it may be required to cancel the contract even if the error was not essential for the conclusion of the contract

-the doll’s structure
1) an objective element, which consists of misleading means used to mislead
2) a subjective element consisting of the intention to mislead a person to conclude a particular legal act

-the moles of the dick
1) to be decisive for the conclusion of the legal act
2) to come from the other side

-the penalty is relative nullity
-can be probated with any means of proof
– the victim can keep the contract with balancing obligations

Violence

-that is the vice of consensus that consists in threatening a person with an evil to produce, without right, a fear that causes him to conclude a legal act, which he would not have concluded.

-classification
nature evil: physical or moral
a legitimate, uninhibited threat and the unlawful threat that is sanctioned

The illegitimate threat is sanctioned if it is used to gain an unfair advantage.
-structure of violence
an objective element, which is the threat of harm
a subjective element that consists in inducing the fear of a threatened person
– the rage of violence: the fear inspired to be decisive for the conclusion of the legal act, the threat to be unjust, in the bilateral or plurilateral legal acts its threat comes from the other side or if it is from a third party, the co-contractor knew to have had to know violence committed in his favor.
-the penalty is the relative nullity of the legal act

Injury

-understand the material damage suffered by one of the parties as a result of the conclusion of a contract.
-the structure of the lesion
1) an objective element consisting in the disproportion between the contraptions
2) a subjective element consisting in taking advantage of the special situation in which the co-contractor is found
-Distinguish the injury to the minor where the disproportion between the contraptions is obviously diffused, and the major injury when we add an extra rule, one of the parties to take advantage of the state of need, the lack of knowledge or the lack of experience of the other party.
– the application

1) in the case of a minor:
to be a legal act
bilateral legal act, for pecuniary and commutative purposes
to be concluded with the minor between 14 and 18 years of age
to be detrimental to the minor
2) for major:
to be a legal act
bilateral legal act, for consideration and commutative regardless of whether it is administration or provision
one party to take advantage of the state of need, the lack of knowledge or the lack of experience of the other party
the action for annulment is admissible only if the value of the lesion exceeds half the value it had at the time of the conclusion of the contract
– the offense can attract 2 sanctions: the relative nullity or reduction, as the case may be, the increase of one of the benefits

Object of the legal act

-conduct of the parties established by that legal act, ie the actions or inactions to which the parties are entitled or are entitled
-the reasons for the validity of the object of the civil legal act
1) the object is determined or determinable
2) Subject to be legal
3) the object exists
4) Subject to be possible
5) Subject to be in the civil circuit
6) Subject to be a personal deed of the enforcer
7) the existence of the administrative or judicial authorization or of any other requirement stipulated by the law

The cause of the legal act:
-that to exist, be licentious and moral. The trial of the case is done by any means of proof. The cause is presumed to exist even if it is not expressly established until the contrary.
-the act of the act

Form of the legal act
-the principle of consensualism exists according to which the mere meeting of the parties’ will represents a valid conclusion of the contract
-form must be the form required for validity, opposability to third parties and probation of the act
-the legal form and the voluntary form of the parties
-form ad validity and ad probation form, that is valid and can be tested

The modalities of the civil legal act
-deadline:
1) the suspensive and extinctive term: the first postpones the beginning of the exercise of the right and the second determines the extinction of the right
2) term in favor of the debtor, the creditor or the other parties
3) Voluntary, legal and jurisdictional term
4) term with uncertain and uncertain maturity
-conditia:
1) suspensive and resolving condition
2) casual, mixed and potent condition
3) Positive and negative condition
– the burden, is a specific way to liberalities and consists of an obligation to give, do or not to do, imposed on gratifying by the disposer

The effects of the civil legal act
-the principle of forced forts
-revitability of the civil legal act