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<\/p>\nDetermining the subjects of the civil legal relationship
\n-knowing the parts of this report<\/p>\n
The plurality of subjects of the civil legal relationship
\n-the civil legal port is established between a person as an active subject and another person as a passive subject
\n-the possibility of the existence of more people, either as active subjects or as passive subjects, thus speaking about civil legal relations with the plurality of subjects<\/p>\n
Plurality of topics in real-world relationships
\n-the passive subject is made up of the plurality of other civil law subjects, less the owner of the property right. The active subject may be a person or may be made up of several people.<\/p>\n
– pluralism can be active, passive or mixed<\/p>\n
– divisible: it is the one that binds more creditors or more debtors, between which the debt or, as the case may be, the debt is divisible. The obligation is divisible between several creditors when each of them can claim from the common debtor only the execution of their part of the claim.
\n1) active divisibility – means that two creditors who have the same claim against a debtor can not ask from the debtor other than their share.
\n2) passive divisibility – if a creditor borrows two debtors, the creditor can not claim from the single debtor the entire amount.
\n3) Mixed divisibility – it is the situation where there are two creditors and two debtors, and each is held to give \/ receive only his \/ her part and not answer for another.<\/p>\n
-the solidarity obligation: is one in which each creditor can ask the debtor for the entire debt or each debtor is held and may be forced to pay the entire debt.
\n1) active solidarity – the possibility for each creditor to ask the debtor to pay the entire claim
\n2) passive solidarity – consists in the possibility of the creditor to ask any of the coders to complete the performance of the obligation that is the subject of the obligation<\/p>\n
Indivisible: is the one that, due to the express will of the parties or the nature of the object of the unsubstantiated obligation by its nature of material or intellectual division, can not be divided between creditors or between debtors.<\/p>\n
<\/p>\n
-the problem of changing the subjects of the civil legal relationship is only the case of patrimonial relations<\/p>\n
– there are means directly or indirectly leading to change of creditor: assignment of debt, personal subrogation and novation by creditor change.
\nAssignment of the claim is the agreement whereby the creditor assigns to the transferee a claim against a third party.
\nThe creditor who transfers the claim is called the transferor, the person to whom the claim is transferred is called the transferee, and the debtor of the credit claim is called the debtor who has been given.<\/p>\n
By the effect of the assignment, the debtor’s new lender will be the transferee. The receivable that formed the object of the assignment remains unchanged, keeping its nature as well as the possible collateral accompanying it; the transferee becomes the creditor of the debtor divested to the nominal value of the claim regardless of the price of the assignment and even when the assignment was made free of charge.<\/p>\n
Only the assignor and the transferee are parties to the assignment, so that for its validity, the consent of the debtor is not necessary, but, in order to be opposable, certain formalities must be fulfilled (notification of the assignment of the debt to the ceded debtor, acceptance of the assignment by the debtor divested by a filing date with a certain date, but in the relations between successive assignors of the same claim it will be preferred to the person who first registered the assignment regardless of the date of assignment or communication to the debtor) Any claim is transferable except for receivables declared by law.<\/p>\n
– is a way of legally or conventionally transmitting a claim to a third party who paid the original creditor instead of the debtor. The person who pays the debtor’s debt is called solvens, and the creditor who receives the payment is called accipiens.<\/p>\n
As a result of personal subrogation, the solvency takes place (subrogates) the accipiens, so the initially active subject is replaced by another person, who becomes the new creditor of the same debtor. Solvens (the subrogate) acquires all the rights of the accipiens (the paid creditor), so he acquires the claim with all his rights and accessories, including any collateral accompanying it.<\/p>\n
Novator
\n-when a creditor change is the substitution of a new creditor to the old lender, the debtor becoming bound to the new creditor and being released from the old lender.
\nIt should be emphasized that, unlike the assignment of the debt and the personal subrogation, when there is a change of the creditor, but without transforming the initial claim (this is only transmitted), in the case of novation including the novation through the change of the creditor, the claim the old one goes out and turns into a new claim, having the new creditor.<\/p>\n
– a direct assignment of a debt assignment can not be achieved; which would involve the debtor’s alienation of his debt to a third party without the need for the consent of the creditor of that obligation. The creditor has the right to first check the solvency of the new debtor.<\/p>\n
The assignment of the contract, a direct legal means of changing both the debtor and the creditor. The consent of the ceded contract, the consent that can be given with the assignment.<\/p>\n
Novation by debtor change takes place when a third person engages the creditor to pay the debt. Such an operation may take place with or without the debtor’s consent.<\/p>\n
Stipulation for another is the one contract stipulating a benefit from the other party for the benefit of a third party, without being the latter’s representative and without the third beneficiary participating in the conclusion of the contract. If the third beneficiary does not accept the stipulation, the Civil Code stipulates that his right is deemed never to have existed.<\/p>\n
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– is a form of indirect forced execution; whereby the creditor tracks the amounts or effects that the debtor has to receive from a third party. The creditor pursuing those amounts is called the creditor; the debtor is called debtor, and the third party, who in turn is the debtor of the debtor, is terrified.<\/p>\n
-in availability of the amounts or effects in the hands of the third party and the obligation to pay what owes the debtor directly to the creditor.<\/p>\n
the whistleblower becomes the direct debtor of the lender; having to pay the sum to be charged only to him. Which means that an indirect change of the person of the passive subject of the obligatory ratio is accomplished by indentation. We mention that a new legal obligation relationship is born through indemnity (between the creditor and the third party); but not in all cases the two pre-existing obligatory legal relationships will be reached. (this is the ratio between the defaulting lender and the debtor who has been denied; which remains within the limit of the unpaid debt remaining after the third party has paid the creditor the lender; as well as the ratio between the debtor and the overpaying debtor, which remains within the limit of what is left after the third party has paid the lender creditor)<\/p>\n
– a change of the passive subject can be reached, indirectly even through a assignment.
\n– the passive subject of the mandatory legal relationship may also be changed by inheritance; in the case of individuals, namely by: merger, division and transformation in the case of legal persons.<\/p>\n
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-not representing the quality of being a subject of civil law
\n– Two elements: exercise capacity and usability
\n1) “ability to use” means the ability of a person to have civil rights and obligations
\n2) the ability to use is the capacity of a person to complete the only civil legal acts<\/p>\n
-recognizable to all people<\/p>\n
1) The ability of the individual to use
\na) any individual has the capacity to use
\nb) no person may be deprived of this capacity except under the law
\nc) the beginning of the user’s capacity is mastered by the birth of the person
\nd) the content is given by the ability to have rights and obligations
\ne) the cessation occurs at the death of the person<\/p>\n
2) The exercise capacity of the individual
\na) Not all people have the ability to exercise, there are three cases: full, restless and without
\nb) exercise capacity is increased when the person is placed under the ban
\nc) persons who are married between 16-18 years of age; or by the court of guardianship can get the full capacity of the anticipated exercise
\nd) the cessation of this capacity can take place at the death of the person by prohibiting or canceling the marriage of the minor in bad faith<\/p>\n
– the legal person is established: by the act of setting up the competent body; by the act of setting up its constituents, in any other way provided by the law<\/p>\n
1) Usability
\na) starts from the establishment of the company (subject to registration and not filed)
\nb) content is the ability to have the general and abstract aptitude to have rights and obligations
\nc) non-profit-making persons may have only those rights and obligations necessary to achieve the purpose established by law
\nd) the capacity to use ends with the termination of the legal person (dissolution); the finding or declaration of nullity, merger, transformation, dissolution, dissolution, total division, or other manner prescribed by law.<\/p>\n
2) Exercise capacity
\na) the legal person must participate in the civil circuit by concluding civil legal acts
\nb) exercise capacity is put into value by its management bodies
\nc) the beginning is marked by the establishment of the company
\nd) The end of the exercise capacity corresponds to the moment when it ceases to exist<\/p>\n
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Determination, plurality and change of subjects of the legal relationship Determining the subjects of the civil legal relationship -knowing the parts of this report The plurality of subjects of the civil legal relationship -the civil legal port is established between a person as an active subject and another person as a passive subject -the possibility […]<\/p>\n","protected":false},"author":2,"featured_media":40,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[166,159],"tags":[85],"class_list":["post-86","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog","category-civil-law","tag-chase-receivables-lawsuit"],"yoast_head":"\n