Aspecte critice privind utilizarea termenului „bunuri” în textele Legii nr. 287/2009 privind Codul civil
Author(s): Andreea Drăghici, Teodor Bodoașcă
Critical considerations regarding the usage of the term “goods” in the provisions of Law no 287/2009 regarding the civil code
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: things; rights; goods.
Summary/Abstract: The proposed study outlines an unusual choice of the Romanian legislator concerning the legal signification of the term „goods”, in the sense of a unity between a „thing” and a „patrimonial right” exercised on the former. On the other hand, we criticize the wrong construction of numerous texts of the present Romanian civil Code, incongruous with the present legal significance of the term „goods”. Frequently, provisions of the civil Code refer to „rights that have as object different goods” or to „goods that are the object of different rights”. In order to mend these situations, we argue and ground lege ferenda proposals that can insure normative consistency and satisfy the rules of legislative technique, as well as certain elementary rules of scientific construction of legal provision texts.
- Issue Year: 2013
- Issue No: 3
- Page Range: 11-16
- Page Count: 6
- Language: Romanian