DIFEREND ÎNTRE INCAPACITĂȚILE CIVILE – DE FOLOSINȚĂ ORI DE EXERCIȚIU?
ABSTRUSE ASPECTS OF THE INCAPACITY OF ENJOYMENT
Author(s): Paul VasilescuSubject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, Law and Transitional Justice, EU-Legislation
Published by: Studia Universitatis Babes-Bolyai
Keywords: legal capacity; incapacity of exercise; incapacity of enjoyment; natural person;
Summary/Abstract: A widespread thesis, which began in the fifth decade of the XXth century in Romania, states that the Law can be authorised to limit the capacity of enjoyment of a natural person. We reject, out of principle this conclusion, because the personality of the human being is not a (mere) legal artefact but (more so), an inborn characteristic. Any limitation of one's abilities to enter into a contract can be explained through the concept of incapacity of exercise, without any loss for our legal system. We also made some remarks concerning Law no 17/2000, which establishes a civil protection measure concerning capable adults, which is impossible to defend taken into account the rules of legal capacity.
Journal: Studia Universitatis Babes Bolyai - Iurisprudentia
- Issue Year: 64/2019
- Issue No: 2
- Page Range: 5-21
- Page Count: 17
- Language: Romanian