Editura Universitara Elements of civil law

ISBN: 978-606-591-012-6

Publisher year: 2010

Edition: I

Pages:

Publisher: Universitară

Author: Cristiana Turianu

Product Code: SKU-1140 Do you need help? 0745 200 718 / 0745 200 357
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Law, in general, is divided primarily into international law (public and private) and national law.

National law is also divided into public law and private law. It should be noted that both private international law and private law are national rights.

Public law deals with the establishment of the state and public powers and the relations between the state and individuals in general. Its main subdivisions are: constitutional law, administrative law, criminal law, etc.

Private law deals with the acts of individuals who question only individual interests; it is the right of private persons (natural persons and legal persons of private law) 1. It mainly includes civil law, family law, commercial law, etc.

Civil law is the most important branch of private law and has as its domain those acts that any citizen can do, regardless of his profession.

In doctrine, civil law, as a branch of law, is also defined as "that branch of positive law which deals only with those relations between people, in which people work as mere individuals."
Cristiana Turianu

Content

General considerations / 9

I. Civil law - the main branch of private law

The notion and object of civil law / 11
The position of the civil law of “common law” / 14
Principles of civil law / 15
Delimitation of civil law from other branches of law / 26
Civil legal relationship
The notion and characters of the civil legal relationship
The notion of civil legal relationship / 35
The characters of the civil legal relationship… / 36
The structure of the civil legal relationship
Subjects of the legal report
Notion / 40
Categories of civil law subjects / 44
Civil capacity / 45

II. The content of the civil legal report
Subjective civil rights… / 51
Definition and legal characters of subjective civil law / 51
Classification of subjective civil rights… / 53
Recognition, protection and exercise of subjective civil rights / 60
Abuse of law / 64
Civil obligation / 68
Definition of civil liability / 68
Classification of civil obligations / 70
The object of the civil legal report
Correlations / 78
b) The goods / 79
Definition of the good in civil law / 79
Terminology / 80
The correlation between the notions of “goods” and “patrimony” / 80
Classification of goods / 81

III. Proof of the concrete civil legal relationship
General notions
The importance of evidence in civil proceedings / 100
Defining the notion of proof / 100
Subject of probation / 102
The object of probation (thema probandum) / 102
Conditions for admissibility of evidence / 106
Test load / 108
The seat of matter / 109
Means of proof
The documents / 110
Testimony (witness test or testimonial) / 116
Confession (recognition) / 121
Presumptions / 123

IV. Civil legal act
Definition of the civil legal act / 131
Classification of civil legal acts / 132
The conditions (elements) of the civil legal act / 141
Ability to conclude the civil legal act / 142
B. Consent / 147
C. The object of the civil legal act / 160
D. Cause (purpose) of the civil legal act / 165
Form of the civil legal act / 169
Form required „ad validitatem” / 171
Forma ceruta „ad probationem / 173
Form required for opposability to third parties / 174
The modalities of the civil legal act
The term / 175
Condition / 177
C. Load / 180
The effects of the civil legal act
Rules for determining the effects of the civil legal act / 181
Principles of the effects of the civil legal act / 182

V. Extinctive prescription
Definition and regulation / 187
Delimitation of the extinctive prescription / 188
Scope of the extinctive prescription / 189
The field of extinctive prescription in the category of patrimonial rights / 189
The field of extinctive prescription in the category of non-patrimonial personal rights / 191
Extinctive prescription terms / 192
Categories of terms / 192
Presentation of the terms / 193
The beginning of the extinctive prescription / 195
Suspension of the extinctive prescription / 197
Interruption of the extinctive prescription / 198
Reinstatement within the limitation period / 200
Fulfillment (calculation) of the extinctive prescription / 202
IX. Appendix
Grid tests / 203
Answers / 268

Law, in general, is divided primarily into international law (public and private) and national law.

National law is also divided into public law and private law. It should be noted that both private international law and private law are national rights.

Public law deals with the establishment of the state and public powers and the relations between the state and individuals in general. Its main subdivisions are: constitutional law, administrative law, criminal law, etc.

Private law deals with the acts of individuals who question only individual interests; it is the right of private persons (natural persons and legal persons of private law) 1. It mainly includes civil law, family law, commercial law, etc.

Civil law is the most important branch of private law and has as its domain those acts that any citizen can do, regardless of his profession.

In doctrine, civil law, as a branch of law, is also defined as "that branch of positive law which deals only with those relations between people, in which people work as mere individuals."

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