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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 to create 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 in an
authentic form in order to ac!uire the
inheritance. 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 has a successor
!uality.
There are severalclassificationsof 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$the offer to conclude a contract$
the acceptance of a succession%
"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 inwhich 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 suchexchange$ and only one part assumes
obligations$ the contract is unilateral! E.g.: donation
#unilateral contract but bilateral act%$ the loan #2 will but '
obligation%
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 promises
an economic benefit tothe other in exchange of another economic
benefit.
Acts made by gratuitous title( in it one party promises to the
other party an economic
benefit without expecting in exchange any promise.
#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 isconcluded 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 beginnings which
are their obligations
because they depend on an external event #e.g.: insurance
contract$ life annuity ( renta
viagera%.
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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 decreasing the patrimony of the former #e.g.: deposit
contract ( the gratuitous title ( act
of benevolence%
f we consider the effect of the act we may have:
$onstitutive acts( constitute a right that doesnt previously
exist. t constitutes a new right
#e.g.: the mortgage contract%
Translative acts ' are the ones that transfer a right$ 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 also can have :
$onsensual act. t is an enforceable one without being re!uested
any formal conditions for
this. &uch a contract is enforceable by simple agreement.
They constitute the rule in our law.
ormal acts. They are enforceable only if there are observed some
additional formal
conditions other than the simple consent #e.g.: mortgage$
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 toconclude it. #e.g.: the deposit contract$
loan contract%
The validity conditionsof 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 be thebasis 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 juridicalrelation
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.
