The relationship between the civil juristic document and the contract

  • Petru Tărchilă Faculty of Humanities and Social Sciences of “Aurel Vlaicu” University

Abstract

In this paper ,we are debating the problem of the relationship between the civil juristic document and the contract .The civil juristic document was defined as ... „a manifestation of will with the intention of producing juristic effects, meaning the birth, change and cancel of an concrete  civil juristic relation” or … “the manifestation of will occurred for the realization of juristic effects materialized in the creation, the change, the transfer or the canceling of an concrete civil juristic relation” ( Art.1166 C.civ.). The contract was defined in the doctrine as the agreement of a will between two or more persons for the purpose of producing juristic effects, in other words giving birth, changing, transferring or canceling juristic relations. The contract is the main form of the juristic act, and the new civil code made the classification from more points of view (art.1171-1177) in synallagmatic and unilateral contracts, contracts with onerous title and contracts with costless title, contracts with immediate or successive fulfillment, named or no-named contracts, consensual, solemn and real contracts, etc. 

References

Boroi, G., 2010, The new civil code, Ed.Hamangiu, Bucureşti.

Stătescu, C., Bîrsan, C, 2011, The civil contracts, Ed.Hamangiu, Bucureşti.

Bîrsan, C., 2012, The new civil code and civil law, Ed.Hamangiu, Bucureşti.

Stoica, V., 2011, The civil law and the civil contracts, Ed. Editas, Bucureşti.

Pop, L., 2011, Tratat of the civil law, Ed.Universul Juridic, Bucureşti.

Dogaru, I., 2010, The civil law, Ed.Humanitas, Bucureşti.

Published
2013-11-27