Modalitatea de exteriorizare a voinţei de a produce efecte juridice
The way of exteriorizing the will to produce legal effects
Author(s): Irina Olivia PopescuSubject(s): Civil Law
Published by: Editura Universitaria Craiova
Keywords: legal act; essential condition of a legal act; legal will; juridical effects; the consent rule;
Summary/Abstract: The form represents the general, extrinsic, essential or unessential condition of the legal act, which refers to the modality of exteriorization of the will, intended to produce legal effects. The notion of form of a legal act, approaches three different types: a) the form required for a valid legal act (the ad validitatem form or ad solemnitatem); b) the form required in order to prove the legal operation (ad probationem form); c) the form required for the legal act enforceability against third parties.The form of the legal act is governed by the consent principle which represents an application of the general principle of freedom of civil legal acts. The consent principle represents the rule of law that underlines the fact that the will is not only necessary but also sufficient in oder to conclude a valid legal act.
Journal: Revista de Științe Politice. Revue des Sciences Politiques
- Issue Year: 2010
- Issue No: 26
- Page Range: 95-99
- Page Count: 5
- Language: Romanian