O privire actuală asupra fizionomiei raportului juridic civil
An Overviewon the Physiognomy of the Civil Legal Relationship
Author(s): Ionuț NefliuSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Academiei Române
Keywords: legal right; legal norm; interest theory; intersubjectivity; time factor; divisibility of obligations
Summary/Abstract: The subjective right and the correlative duty are governed by a legal title, be it a legal norm or a jurisprudential norm or a contractual clause. The concept of universal in law is individualised in the concept of legal intersubjective relations between two legal subjects. Only time factor makes the examination of legal intersubjective relations a dinamic analysis, instead of a static analysis given by the study of mere elements (legal subjects, rights, duties, conduct). Also, there is highlighted, albeit shortly, the complexity of legal intersubjective relations in the civil trial in the prewar Italian and Romanian doctrine.
Journal: Studii și Cercetări Juridice – Serie Nouă
- Issue Year: 2017
- Issue No: 4
- Page Range: 479-502
- Page Count: 24
- Language: Romanian