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The capacity of use of natural person

Domenii publicaţii > Ştiinţe sociale + Tipuri publicaţii > Articol în volumul unei conferinţe

Autori: Ioana- Georgiana Mihnea, Sorin Fildan, Narcisa- Mihaela Stoicu

Editorial: Cordial Lex, Current Problems of Legal Theory and Comparative Law. International conference (2012; Cluj-Napoca) Current Problems of Legal Theory and Comparative Law: international conference: Cluj-Napoca, October 26, 2012, coord.: dr. Veronica Rebreanu, p.279-284, 2012.

Rezumat:

Book I of the new Civil Code (NCC) , entitled „On Persons”, comprises regulations concerning natural persons and artificial persons, in terms of capacity of use, capacity of exercise, identification thereof, but also protection of natural persons.
The civil capacity of natural persons is regulated in Title II – Natural Persons- Chapter I of the NCC.
In art. 34 NCC, the civil capacity of use is defined as the person’s ability to have civil rights and obligations. The rule regarding the moment of acquiring civil capacity of use stipulates that it begins upon the person’s birth and ends upon its death (art. 35 NCC).
In art. 37 NCC, the capacity of exercise is defined as the person’s ability to conclude legal documents on its own. The capacity of full exercise begins on the date when the natural person comes of age (art. 37 par. 1 NCC). Upon turning 18 years old, the natural person comes of age (art. 38 par. 2 NCC).
While, as regards civil capacity of use, there are no differences from the old regulations, in the case of civil capacity of exercise we remark the introduction of new institutions [advance capacity of exercise (art. 40 NCC)], but also differences in terms of regulations on the situation of a minor who was of good faith upon concluding a subsequently cancelled marriage (art. 39 NCC) or on the voidness regime for legal documents concluded while infrining on legal provisions referrning to the capacity of exercise (art. 44-art. 48 NCC).

Cuvinte cheie: The new Civil code; capacity of use; capacity of exercise