Condițiile de Fond ale Actului Juridic

V. CONCLUZII ŞI EVENTUALE IMPLICAŢII ALE LUCRĂRII.48

I.ABSTRACT

Civil law as a branch of law is all the legal rules governing property and non-established relationship between individuals and legal persons on an equal legal.

Expression legal act are used both in doctrine, practice and even in legislation in two ways with different values. a first sense it designates the manifestation of the will with the intention of producing legal effects civile, and in another sense it is even stated examiner appointed by the will of this event.

Although in literature propose several definitions of civil legal act, we stop the definition according which " a manifestation civil act of will is made with the intention to produce legal effects, respectively Anastase, modify or extinguish a specific legal relationship" .

The civil legal act means the manifestation of the will with the intention of producing legal effects, that is, born, modify or extinguish a civil legal relationship specifically.

It should be emphasized that the term "act" can have two meanings. The first meaning is that which emerges from the above definition, so the legal operation. For this purpose, use the formula negotium iuris or simply the word negotium. However, both in legislation and in doctrine or jurisprudence, the "act" (sometimes the phrase "legal act") shall designate and document confirming the manifestation of will, ie, the support material is playing record or legal operations. For this second sense, the term is also used instrumentum probationis or simply the word instrumentum. In a strict exact expression for the second direction use the term should be entered.

The concept of legal act is a general concept, obtained by a process of abstraction and generalization of the common characteristics of different acts that they subsume.Compared to the vast variety of legal documents which include appropriate and useful for this concept to be viewed and analyzed in terms of categories of items that, in their totality give it content.

Any system of law is governed by certain fundamental principles, ie guiding ideas (basic rules) common to all branches of law. Meanwhile, every branch of law includes basic rules for all legislation in this field, and basic rules that apply to one or more institutions of the branch of law concerned. And find their application in civil law three principles, namely the fundamental principles of Romanian, Romanian general principles of civil law, principles of one or more institutions of civil law.Fundamentals of Romanian law are basic ideas that are found in all the legislation of Romania, being enshrined in the Basic Law and other laws more important. They are applicable to all branches of law, and therefore civil law.

The general principles of civil law are the guiding ideas for the entire civil, thereby aiding all institutions of civil law, even if not with the same intensity manifests its presence. These general principles have a vocation for the entire branch of civil law.

We include in this category: ownership principle, the principle of equality before the civil law, the principle of combining personal interests with the general interest and the principle of guaranteeing civil rights protection subjective.Institutions of civil law principles are basic ideas that only apply either in an institution or in two or more institutions of civil law, thus having a vocation lower than the general principles of civil law. For example, the principle of freedom of contract (Art. 1169 NCC), the principle of mutual consent (Art. 1174 NCC), which form the civil legal act, the principle of inheritance relatives calling order of the classes of legal heirs, the principle of ownership, protection principle of good faith is found in many civil law matters (real rights, liability).

The ability to enter into civil act means the ability of civil law subject to become the holder of civil rights and obligations by the end of the civil legal acts.

Ability to civil legal acts is a condition of fund essential validity and general civil act.

II. OBIECTIVELE LUCRĂRII

În cadrul acestei lucrări, care s-a vrut a reprezenta, cel puţin la nivel empiric o cercetare pluridisciplinară a actului juridic civil, am încercat prezentarea cadrului legislativ intern, arătând aspectele comune ale contractului reprezentat în cod civil actual, urmărind evidenţierea unor probleme de drept şi aspecte considerate importante şi care se cer a fi corect înţelese şi aplicate în mod pertinent în practică.

Condiţiile de fond ale actului juridic civil trebuie analizate atât din punct de vedere al sensurilor, cât şi actul juridic civil în ansamblul său.

Într-un prim sens, actul juridic civil - deasemnează tocmai manifestarea de voinţă cu intenţia de a produce efecte juridice civile - pentru acest sens se utilizează formula negotium juris - adică operaţiune juridică.

În al doilea sens - se desemnează înscrisul constatator al manifestării de voinţă, adică suportul material. Pentru acest al doilea sens, se foloseşte formula de instrumentum probationis (adică înscrisul autentic sau sub semnătură privată).

Un alt subpunct al temei analizate îl reprezintă clasificarea actului juridic şi totodată caracterele actului.