The civil legal report in Romanian law - Quick Consulting

The patrimonial or non-patrimonial social relation, governed by the civil law norm.

The legal report has three characters:

-is a social report – a relationship established between people
– is a volutional report – the norm is the will of the legislator (the state)
-the parties have the position of legal equality – the civil character that means that one party does not subordinate to the other

Structure of the legal relationship:

1) The parties, or the subjects of the legal relationship, are natural or legal persons, in the capacity of civil subjective rights or civil obligations.
2) The content of the civil legal relationship is given by all the civil subjective rights and civil obligations that the parties to the respective legal relationship have.
3) The subject of the civil legal relationship consists in the conduct of the parties, that is to say, in the actions or inactions to which the parties are or are bound to observe.

Sources:

A circumstance (act or deed) from which the civil law links the birth of a concrete civil legal relationship.
Classification of springs:
-human acts – legal acts with or without intent to produce legal effects
-products – circumstances that occur independently of the will of the subject of civil law and from which the civil law links the birth of legal relations.

Content of the civil legal relationship

Civil subjective right: the possibility of active subject, within the limits of civil legal norms, of having a certain behavior, of claiming the appropriate subject to the passive subject and, if necessary, of requesting the state coercive force contest.

Classification of civil subjective rights:

– absolute civil subjective rights and relative civil subjective rights. The absolute subjective civilian doctor is the right under which the holder can have a certain conduct without the need for another’s contest to exercise it. Relative civil subjective right is that right under which the holder can claim a passive subject for a particular conduct without which the right can not be achieved.
– non-patrimonial civil subjective rights and patrimonial civil subjective rights, that is, valuable in money or invaluable in money.
– principal civil subjective rights and civil subjective rights accessories, the principal has a self-contained existence, and the accessory has an existence that depends on a main right
– pure and simple civil subjective rights and civil subjective rights affected by modalities. The subjective civilian doctor is simply the one who confers maximum certainty on his owner, because neither his existence nor his exercise depends on any future circumstances. The subjective civilian doctor affected by the modalities is the one that does not offer the full security to the holder, in the sense that the exercise of his right or even his existence depends on a future, uncertain or uncertain circumstance. The term, condition and task are the modalities of the legal act, but from the point of view of the subjective rights affected by the modalities, we will only retain the term and the condition.

Exercise of subjective civil rights. Abuse of law

Civil subjective right must not be confused with his exercise. Exercising a civil subjective right is not mandatory. The exercise of the civil subjective right is governed by the following principles: observance of the law, observance of external and internal boundaries and good faith.
The abuse of law concerns only the last two principles of the four above, so one can speak of an abuse of law when its owner, in bad faith, dislodges him from his purpose, as it results from the interpretation of the provisions of art. 15 civil.
The civil obligation is a legal bond by virtue of which the debtor is required to obtain a benefit to the creditor, and he is entitled to obtain the due benefit.

Classification of civil obligations

1) Obligation to give, obligations to do and obligations not to do
-the duty to give is the duty to constitute or convey a real right.
– the obligation to do is to understand the duty to execute a work, to perform a service or to teach one thing.
-the duty not to do is to oblige the passive subject to refrain from action or certain actions.

2) Positive civil obligations and negative civil obligations
Positive obligations are: the obligation to give and to do
-the negative obligation is the obligation not to do

3) Obligations of result and means of action
-requirements are those obligations which consist in obliging the debtor to obtain a determined result.
-Management obligations are those obligations which consist in obliging the debtor to put all the urge to achieve a certain result without committing himself to the expected outcome.

4) Ordinary civil obligations, obligations in rem and obligations
– the ordinary civil liability is the one that endures the debtor to whom it was born; in other words, to be executed.
– the scriptae in rem is characterized by the fact that it is closely related to one thing, so that the creditor can realize his right or only if the current holder of the real right over the respective work will be obliged to revoke that right, although it does not directly and personally to the formation of the obligatory report.
– the proponent is the duty which, according to the law or even the convention of the parties, belongs to the owner of the work, for reasons such as the protection of things of national importance, the judicious exploitation or the preservation of some qualities of important things, the existence of good neighborly relations.

5) Perfect civic duties and imperfect civil obligations
– perfect civilian duties are those obligations that fully enjoy the legal sanction, meaning that if necessary, the creditor can obtain the coercive force contest of the state for its execution.
imperfect civil imperatives are those obligations whose enforcement can not be enforced by force, but, to the extent that the debtor wouldfully execute it, the latter has no right to claim the return of the benefit.

The subject of the civil legal relationship. The goods

-conduct of the parties, that is, the action or inaction to which the active subject is guided and by whom the passive subject is kept.

The goods

-to designate both the things and the rights to them
– Only goods that have patrimonial rights may be designated as assets

Classification of goods

-mobile goods and movable goods: by their nature, by anticipation, by the determination of the law.
– goods in the civil circuit and goods taken out of the civil circuit
-fungible goods and unhealthy goods if they can (or will not) be replaced
-consumable goods and non-combustible goods
– fruity goods and non-fruit goods, whether or not they are civilian fruit producers
– tangible goods and incorporeal goods
– divisible goods and indivisible goods
– main goods and accessories
– Public goods and private goods
-conceivable goods and insidious goods if they can be forced or not

Parties to the civil legal relationship
Two categories of civil law subjects: natural and legal persons
-both spouses’ common goods and own property