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The main sources of a civil juridical relation

The Juridical Act

The civil juridical act is an expression of somebodys will made with the intention tocreate or to modify a civil juridical relation.

There are 2 meanings of the expression:juridical act.

The expression of somebodys juridical will (the negotium sense)

It is the written statement (the instrumentum sense)

E.g.: Civil code provides that the acceptance of an inheritance may be implied or expressed. t

is expressed whenever the successor concludes an act and the word act is used in

instrumentum sense.

The same acceptance may be concluded in an implied form whenever the successor

ma!es an act which can be concluded only by a person who already accepted inheritance.

There are several classifications of juridical acts: nilateral acts! t is an act that involves the expression of a single will. There is only

one person expressing the intent to create juridical effects "e.g.: the acceptance of an

inheritance# the offer to conclude a contract$

"ilateral acts. t is an agreement between 2 or more persons with distinguished

interests. The bilateral acts are contracts. A contract may involve an exchange of

promises in which two parties agree that each will perform a certain obligation in

a certain future. %uch an exchange is !nown as a bilateral contract "e.g.: sale

contract$. f there is no such exchange the contract is unilateral! E.g.: donation

"unilateral contract but bilateral act$# the loan "unilateral contract$

f we ta!e into consideration the goal had in view by the parties concluding the act we

can have:

Acts made by onerous title& an act in which each party oblige itself to the other in

exchange of the other ones obligation.

Acts made by gratuitous title& in it one party obliges itself to the other party without

expecting in exchange any promise or performance from the other party.

#ost of the unilateral contracts are concluded with a gratuitous title and most of

the bilateral contracts are concluded with an onerous title!

E.g.: A deposit contract& t is a unilateral contract as long as it is concluded with

gratuitous title. t can become a bilateral contract if it is concluded with an onerous title.

There are some exceptions.

E.g.:Loan contract& t is a unilateral contract if it is concluded with gratuitous title. f

it is concluded with onerous title this means it has interest and it is still a unilateral contract.

'cts made by onerous title may be subdivided into:

$ommutative acts& are those in which both parties !now from the very beginning

from the moment of conclusion of the act which are their mutual obligations.

Aleatory acts& the parties dont !now from the beginning which are their obligations

because they depend on an external event "e.g.: insurance contract# life annuity & rentaviagera$.

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'cts concluded with gratuitous title can be subdivided into:

%ifts& a voluntary transfer of goods from a patrimony to another

Acts of benevolence (acte de&interesate)& is a favor made by a person to another

without the formers patrimony "e.g.: deposit contract & the gratuitous title & act of

benevolence$

f we consider the effect of the act we may have:

$onstitutive acts & constitute a right that doesnt previously exist. t constitutes a

new right "e.g.: the mortgage contract$

Transmissive acts ' are the ones that transfers a right# a preexisting right "e.g.: sale

contract# exchange contract# etc.$

eclarative acts ' are the ones that consolidate a preexisting right "e.g.: the act by

which the common owners divide the common property into shares$

(e can have :

$onsentual act. t is one enforceable without being re)uested any formal conditionsfor this. %uch a contract is enforceable by simple agreement. They constitute the rule

in our law.

ormal acts. They are enforceable only if there are observed some additional formal

conditions other than the simple consent "e.g.: mortgage# selling the land$.

*eal acts. They can be enforced only if goods were delivered by one party to another.

Therefore the deliverance of the goods is re)uested not only to perform the act# but to

conclude it. "e.g.: the deposit contract# loan contract$

The validity conditions of the juridical act:

The consent

The object

The cause

The capacity

The consent. It is the partys intent to conclude the juridical act! n order to bethe basis for a valid contract# the consent has to fulfill the following conditions:

It has to exist. 'ny act concluded in the absence of the consent will be declared new

and void

It has to be externali&ed. The consent has to result from the words of the party or

even from his*her actions. It has to be expressed by a person who is mentally competent to conclude the act .

It has to be expressed by a person who really intends to engage himself in a

juridical relation

It has to be genuine!

'ccording to our Civil Code there is no valid consent. f the consent was given

because of mista!e# was ta!en by force of procured by fraud.