Actul juridic civil și unele figuri juridice similare: o abordare pandectistă
The Civil Juridical Act and Similar Legal Concepts: a Pandectist Approach

Summary/Abstract: The legal provisions regarding civil juridical acts, detailed in the Civil Code of the Republic of Moldova and in the civil codes of other countries based on pandects, are designed for that human behavior that satisfies a two-step test: (i) it is a declaration of intent; (ii) it is intended to have some legal effect as such. Modern European doctrine has evolved to distinguish some legal concepts with a lower intensity: the real act (in German, Realakt) and actions similar to juridical acts (in German, gäschäftsähnliche Handlung). The legal regime of civil juridical acts does not apply directly to all declarations of intent. In the case of actions similar to juridical acts, one must resort to analogy. Moreover, in the case of real acts, which lack a declaration of intent, these legal provisions cannot, in principle, be applied. The regulation of the civil juridical act in the pandect system has the disadvantage of abstraction, inconvenient for the lay person, but it enjoys the advantage of legal clarity, convenient for a professional lawyer. Nevertheless, the institutional system (French, Romanian regulations, etc.) developed a general theory of the juridical act; but not on a legislative level, but that of academia and case-law. At the European level, the Draft Common Frame of Reference (DCFR) attempts to combine these two approaches (Book II of the DCFR is entitled "Contracts and other juridical acts"), although its text is focused on contracts, which appears a technique to bring the continental system closer to the common law system, as the latter does deal, on an academic level, with a general theory of the civil juridical act.

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