Business juridical relation

Starting points:
1. To exist a social relation
2. To exist a rule that provides thr juridical relation
3. To exist a legal fact or act whose legal rules link the formation the
modification or the end of rights and o!ligations
Sources of a !usiness juridical relation
1. "egal facts
# natural facts
# human actions
2. $uridical acts: expressions of some!od%&s will made with a specific purpose
to create to modif% or to end a juridical relation
The Su!jects' parties
Su!jects are alwa%s persons natural or legal.
# The active su!ject: the creditor # the person who has rights
# The passive su!ject: the de!tor # the person o!liged to do or not to do
(n case of !usiness relations !oth parties are creditors and de!tors at the same
time.
(n )omanian *ivil *ode the !usiness juridical relation is provided as taking
place !etween professionals + freelancers authori,ed natural persons
un'limited lia!ilities companies holders of social shares'de!entures
emplo%ees trade unions !odies of the state-
.atural persons # a human !eing whom the law regards as capa!le of rights and
o!ligations
"egal capacit% # the general aptitude to own and exercise capacities: a!stract
capacities and concrete capacit%.
The a!stract capacit% features:
universalit%
generalit% +an% right and an% o!ligations-
inaliena!ilit% +cannot !e sold'inherited'stolen-
legalit% +onl% regulated !% laws not !% contract-.
The a!stract capacit% !egins at the moment of !irth. /xception: one ma% !e
recogni,ed as a person even !efore their !irth if recogni,ed as heir. .ormall% a
will is valid onl% as long as the !eneficiar% exists.
There is a legal procedure according to which a court will pronounce the death
of a person after their disappearance.
The a!stract capacit% limitations:
in order to sanction some!od%
in order to protect some!od%
*oncrete capacit% # someones a!ilit% to sue or to !e sued and enter into a
!inding contract
*oncrete capacit% 0 a!stract capacit% 1 discernment +the a!ilit% to understand
the conse2uences of some!od%&s acts and facts-.
3resumptions:
re!utta!le # the contrar% evidence is accepted +e.g. presumption of innocence-
nonre!utta!le # contrar% evidence are not accepted +e.g. discernment at 14 #
also re!utta!le: it can !e proven that older persons do not have discernment-
)estricted concrete capacit% +15#14 %rs- # in this period minors can conclude
certain contracts !% themselves and others with the assistance of their parents
or guardians.
The emplo%ment contract can !e concluded starting with the age of 16.
*oncrete capacit% ends in the same time with the discernment or the a!stract
capacit%.