Despre modalităţile actului juridic civil şi prezenţa acestora în cuprinsul liberalităţilor.
About the Modalities of the Civil Legal Act and Their Presence in the Context of Liberalities
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Editura Academiei Române
Keywords: pure and simple civil legal acts; term; condition; burden; donation; bequest.
Summary/Abstract: The Civil Code in force regulates the term and the condition, as modalities of the civil obligation, and is limited to making some applications of the burden in the field of liberalities. However, in a fair way and revealing their ambivalence, the legal literature, concerned with the elaboration of a general theory of the civil legal act, treats the three mentioned legal institutions, as modalities of the civil legal act, outlining their configuration (definition, classification, legal effects), starting from the texts of the Civil Code regarding them. The first two ways can be found, in principle, in any legal act, whether that act is with gratuitous title or for onerous title, while the burden can only affect liberties, species of legal acts with gratuitous title. In this paper, we propose to discuss some general issues, which is of interest to the issue of the modalities of the civil legal act and to highlight some of their applications in the field of liberalities.
- Issue Year: 2017
- Issue No: 4
- Page Range: 429-444
- Page Count: 6
- Language: Romanian